These Terms contain important arbitration agreement and class action waivers that apply to all claims brought against CourtFinder in the United States. Please read them carefully.
These Terms of Service (“Terms”) are a binding legal agreement between you and CourtFinder that govern your right to use the websites, applications, and other offerings from CourtFinder (collectively, the “CourtFinder Platform”). When used in these Terms, “CourtFinder,” “we,” “us,” or “our” refers to the CourtFinder entity set out on Schedule 1 with whom you are contracting.
The CourtFinder Platform offers an online venue that enables users to publish, offer, search for, and book services. Members who publish and offer services are “Providers” and Members who search for, book, or use services are “Guests.” Providers may offer a range of accommodations, training, facilities, activities, and events. Each Provider Service offering is referred to as a “Listing”. You must register an account to access and use many features of the CourtFinder Platform, and must keep your account information accurate. As the provider of the CourtFinder Platform, CourtFinder does not own, control, offer or manage any Listings or Provider Services. CourtFinder is not a party to the contracts entered into directly between Providers and Guests, nor is CourtFinder a athletic space agency, provider, or insurer. CourtFinder is not acting as an agent in any capacity for any Member. If you are a Provider, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Services.
Provider Terms
5. Providing Services on CourtFinder.
5.1 Provider. As a Provider, CourtFinder offers you the right to use the CourtFinder Platform to share your facility accommodation, sports experience, or services with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you set your price, availability, and rules for each Listing.
5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the CourtFinder Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like CourtFinder’s service fee (and applicable taxes) for each booking. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Providers. Your relationship with CourtFinder is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of CourtFinder, except that CourtFinder acts as a payment collection agent as described in the Payments Terms. CourtFinder does not direct or control your Service or offering, and you agree that you have complete discretion whether and when to provide Services, and at what price and on what terms to offer them.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. The CourtFinder Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your service or offering, your price, other charges like cleaning fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single Facility if it has multiple places for sport activities (e.g., multiple courts or fields that can be used independently).
Search results may appear different on our mobile application than they appear on our website. CourtFinder may allow Providers to promote their Listings in search or elsewhere on the CourtFinder Platform by paying an additional fee.
6.2 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the CourtFinder Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the CourtFinder Platform in violation of our policies.
6.3 Services as a Team or Organization. If you work with a co-Provider or Provider as part of a team, business, or other organization, the entity and each individual who participates in providing Provider Services is responsible and liable as a Provider under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct CourtFinder to transfer a portion of your payout to a co-Provider or other Providers, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6.4 Your Assumption of Risk.
You acknowledge that Services and or facility offerings carry inherent risks and agree that you assume the entire risk arising out of your access to and use of the CourtFinder Platform, facility offering and Provider Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the CourtFinder Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Services and that you are not relying upon any statement of law made by CourtFinder.
7. Cancellations, athletic space or services Issues, and Booking Modifications.
7.1 Cancellations and Issues. In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a Provider, you should not cancel on a Guest without a valid reason per your facility policies or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences.
7.2 Booking Modifications. Providers and Guests are responsible for any Booking Modifications they agree to make via the CourtFinder Platform and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8. Taxes.
8.1 Provider Taxes. As a Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable value added tax (VAT) or other taxes (“Taxes“).
8.2 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that CourtFinder may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Provider Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
General Terms
9. Reviews.
Guests and Providers have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policies. Reviews are not verified by CourtFinder for accuracy and may be incorrect or misleading.
10. Content.
Parts of the CourtFinder Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant CourtFinder a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant CourtFinder the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content prohibited includes, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that CourtFinder may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. CourtFinder does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
11. Fees.
CourtFinder may charge fees (and applicable Taxes) to Providers and Guests for the right to use the CourtFinder Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees section of this agreement. Except as otherwise provided on the CourtFinder Platform, service fees are non-refundable. CourtFinder reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change.
12. CourtFinder Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
Act with integrity and treat others with respect
Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Do not scrape, hack, reverse engineer, compromise or impair the CourtFinder Platform
Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the CourtFinder Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the CourtFinder Platform or Content.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the CourtFinder Platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of the CourtFinder Platform.
Only use the CourtFinder Platform as authorized by these Terms or another agreement with us
You may only use another Member’s personal information as necessary to facilitate a transaction using the CourtFinder Platform as authorized by these Terms.
Do not use the CourtFinder Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
You may use Content made available through the CourtFinder Platform solely as necessary to enable your use of the CourtFinder Platform as a Guest or Provider.
Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact with a third party website, application or service before, during or after a Reservation, unless authorized by CourtFinder.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not book Provider Services unless you are actually using the Provider Services.
Do not use, copy, display, mirror or frame the CourtFinder Platform, any Content, any CourtFinder branding, or any page layout or design without our consent.
Honor your legal obligations
Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information.
Do not use the name, logo, branding, or trademarks of CourtFinder or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with CourtFinder branding.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting CourtFinder. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to CourtFinder. If you reported an issue to local authorities, CourtFinder may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the CourtFinder Platform infringes copyrights, please notify us.
12. Termination, Suspension and other Measures.
12.1 Term. The agreement between you and CourtFinder reflected by these Terms is effective when you access the CourtFinder Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
12.2 Termination. You may terminate this agreement at any time by deleting your account. CourtFinder may terminate this agreement and your account for any reason by giving you 30 days’ notice via text or email or using any other contact information you have provided for your account. CourtFinder may also terminate this agreement immediately and without notice and stop providing access to the CourtFinder Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect CourtFinder, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
12.3 Member Violations. If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) CourtFinder believes it is reasonably necessary to protect CourtFinder, its Members, or third parties; CourtFinder may, with or without prior notice:
suspend or limit your access to or use of the CourtFinder Platform and/or your account;
suspend or remove Listings, Reviews, or other Content;
cancel pending or confirmed bookings
12.4 Legal Mandates. CourtFinder may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above.
12.5 Effect of Termination. If you are a Provider and terminate your CourtFinder account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the CourtFinder Platform has been limited, or your CourtFinder account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the CourtFinder Platform through an account of another Member.
12.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
13. Modification.
CourtFinder may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the CourtFinder Platform and update the “Last Updated” date at the bottom of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the CourtFinder Platform will constitute acceptance of the revised Terms.
14. CourtFinder’s Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Provider Services. While we work hard to ensure our Members have great experiences using CourtFinder, we do not and cannot control the conduct of Guests and Providers. You acknowledge that CourtFinder has the right, but does not have any obligation, to monitor the use of the CourtFinder Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the CourtFinder Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that CourtFinder administers its Policies and Standards, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist CourtFinder in good faith, and to provide CourtFinder with such information and take such actions as may be reasonably requested by CourtFinder with respect to any investigation undertaken by CourtFinder regarding the use or abuse of the CourtFinder Platform. CourtFinder is not acting as an agent for any Member except for where CourtFinder Payments acts as a collection agent as provided in the Payments Terms.
15. Member Accounts.
You must register an account to access and use many features of the CourtFinder Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the CourtFinder Platform under the laws of the United States, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify CourtFinder if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
16. Disclaimer of Warranties.
We provide the CourtFinder Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Facility, Service Provider,, Listings or third parties; (ii) we do not warrant the performance or non-interruption of the CourtFinder Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or CourtFinder has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
17. Limitations on Liability.
Neither CourtFinder (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the CourtFinder Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the CourtFinder Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the CourtFinder Platform, or (iv) publishing or booking of a Listing, including the provision or use of Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CourtFinder has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
18. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at CourtFinder’s option), indemnify, and hold CourtFinder (including CourtFinder Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the CourtFinder Platform, (iii) your interaction with any Member, use of any facility, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
19. Contracting Entities.
Schedule 1 below sets out the CourtFinder entity with whom you are contracting.
20. United States Governing Law and Venue.
These Terms will be interpreted in accordance with the laws of the State of Virginia and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement must be brought in Virginia, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in the State of Virginia.
20.1 Agreement to Arbitrate. You and CourtFinder mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the CourtFinder Platform, Provider Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and CourtFinder agree that the arbitrator will decide that issue.
20.2 Jury Trial Waiver. You and CourtFinder acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
20.3 Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
20.4 Survival. This Section will survive any termination of these Terms and will continue to apply even if you stop using the CourtFinder Platform or terminate your CourtFinder account.
20.5 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between CourtFinder and you pertaining to your access to or use of the CourtFinder Platform and supersede any and all prior oral or written understandings or agreements between CourtFinder and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and CourtFinder. If any provision of these Terms is held to be invalid or unenforceable such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall”.
20.6 No Waiver. CourtFinder’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.7 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without CourtFinder’s prior written consent. CourtFinder may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
20.8 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by CourtFinder via CourtFinder Platform notification.
21. Third-Party Services. The CourtFinder Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. CourtFinder is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
22. CourtFinder Platform Content. Content made available through the CourtFinder Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of CourtFinder and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the CourtFinder Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, CourtFinder grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the CourtFinder Platform and accessible to you, solely for your personal and non-commercial use.
23. Force Majeure. CourtFinder shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
24. Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your CourtFinder account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a CourtFinder account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to your provider’s SMS Terms.
SERVICE FEES
CourtFinder Service Fees
To help CourtFinder run smoothly and to cover the cost of services like facility support and system updates, we charge a service fee when a booking is confirmed through the CourtFinder platform. Guest service fees are 12.9% of the booking subtotal.
This fee is included at checkout.