Terms and Conditions for Goods and Services

1. Introduction

2. • These Terms and Conditions ("Terms") govern the sale of goods and provision of services by KEY Athletics LLC ("Provider/Seller") to the customer ("Client/Buyer"). By purchasing goods or services, the Client/Buyer agrees to these Terms.
   • These Terms comply with the applicable laws of the State of Texas, including but not limited to the Deceptive Trade Practices-Consumer Protection Act (DTPA).

Terms for Goods

(Applies to tangible products, including but not limited to pole vault equipment.)

1. Orders and Acceptance
2. • All orders placed by Buyer are subject to acceptance by Seller.
   • Seller reserves the right to reject or cancel any order at its discretion.
3. Pricing and Payment
4. • Prices for goods are as listed at the time of purchase and are subject to change without prior notice.
   • Payment must be made in full prior to shipment unless otherwise agreed upon in writing.
   • Taxes, including sales tax (currently 8.25% in most areas of Texas), are the responsibility of the Buyer unless a valid tax-exemption or resale certificate is provided in advance.
5. Shipping and Delivery
6. • Shipping costs are the responsibility of Buyer and will be calculated at the time of purchase.
   • Delivery timelines are estimates and are not guaranteed. Seller is not liable for delays caused by carriers or other circumstances beyond its control.
   • Risk of loss or damage transfers to Buyer upon delivery of goods to the carrier.
7. Returns and Refunds
8. • Goods may be returned within 14 days of receipt if they are unused and in original packaging.
   • Custom or special-order goods, including all poles, are non-returnable unless otherwise agreed upon in writing.
   • A restocking fee of up to 30% may apply to returned items.
   • Refunds will be processed within 14 days of Seller’s receipt of the returned goods, provided they meet return conditions.
9. Warranty
10. • Goods are sold "as-is" unless a warranty is explicitly stated in writing.
    • Seller makes no warranties, express or implied, regarding the goods, including but not limited to fitness for a particular purpose, except where prohibited by law.
11. Defective Goods
12. • Claims for defective goods must be made within 7 days of delivery.
    • If goods are deemed defective, Seller will, at its discretion, repair, replace, or refund the purchase price.

Terms for Services

(Applies to services such as coaching, camps, or athletic training.)

1. Eligibility
2. • Services are available to individuals of all ages. If the Participant is under 18 years old, a parent or legal guardian must sign a waiver and consent to the Terms on the Participant’s behalf.
   • Parents or guardians of minors must also complete an Emergency Contact Form prior to participation.
3. Booking and Confirmation
4. • Services must be booked in advance and are subject to availability.
   • An order is confirmed only after Provider sends a written confirmation. All required documents, including waivers and emergency contact forms, will be provided upon confirmation.
5. Waiver and Release of Liability
6. • A signed waiver is mandatory before any services are provided. This waiver releases Provider from liability for injuries or damages arising from participation, except in cases of gross negligence or willful misconduct.
   • Failure to submit a signed waiver will result in cancellation of the service without refund.
7. Payment Terms
8. • Payment for services must be made in full at the time of booking unless otherwise agreed upon in writing.
   • All payments are non-refundable, except in cases of cancellation by Provider.
9. Cancellations and Rescheduling
10. • Clients may reschedule a service with at least 24 hours notice, subject to availability.
    • Cancellations by the Client with less than 24 hours notice will result in forfeiture of the service fee.
    • If the Provider cancels a service, a full refund or rescheduling option will be offered.
11. Medical Fitness and Authorization
12. • Participants must be medically cleared to participate in athletic activities. Provider is not responsible for verifying medical fitness.
    • In emergencies, Provider is authorized to seek medical attention for minors if a parent/guardian cannot be reached.

Shared Terms

(Applies to both goods and services.)

1. Limitation of Liability
2. • Provider/Seller’s liability for any claim is limited to the purchase price of the goods or services. Provider/Seller is not liable for indirect, incidental, or consequential damages except where prohibited by law.
3. Force Majeure
4. • Provider/Seller is not responsible for delays or failure to fulfill orders or services due to causes beyond its control, including but not limited to weather, natural disasters, strikes, or facility closures.
5. Governing Law
6. • These Terms are governed by the laws of the State of Texas.
   • Any disputes shall be resolved in the courts of Tarrant County, Texas.
7. Entire Agreement
8. • These Terms constitute the entire agreement between Provider/Seller and Client/Buyer, superseding all prior agreements or understandings.
9. Modifications
10. • Provider/Seller reserves the right to modify these Terms at any time without notice. Changes will apply to orders placed after the effective date of the modification.
11. Contact Information
12. • For questions or concerns, please contact us at:
      KEY Athletics LLC
      4364 Western Center Blvd Unit 5061, Fort Worth, TX 76137
      +1 (817) 983-6811
      keyathletics.texas@gmail.com
      www.key-athletics.com