These terms and conditions (these “USTA Coaching Terms”) govern your participation in the USTA Coaching benefits program (“USTA Coaching Program”) offered by the United States Tennis Association Incorporated and USTA Coaching, Inc. (collectively, the “USTA,” “we,” “our” or “us”).

PLEASE READ THESE USTA COACHING TERMS CAREFULLY BEFORE AGREEING TO PARTICIPATE IN THE USTA COACHING PROGRAM OR PURCHASE A USTA COACHING BENEFITS PACKAGE. THESE USTA COACHING TERMS CONTAIN DISCLAIMERS OF LIABILITY AND DISPUTE RESOLUTION PROVISIONS, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, THAT AFFECT YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS AND THE REST OF THESE USTA COACHING TERMS CAREFULLY.

 

1.              USTA Coaching Program Packages.

We offer the following USTA Coaching Program benefits packages:  Baseline, Rally, Pro and Pro Plus.   USTA Coaching Program eligibility requirements and benefits vary depending on your USTA Coaching package.  Click here to understand the different benefits available for each USTA Coaching package. USTA Coaching package benefits available may also vary depending on level of training certification achieved (e.g., USTA Coaching Development badge, USTA Coaching Professional). USTA Coaching Program package eligibility as well as training certification level and equivalency are subject to our approval and acceptance.  USTA Coaching Program eligibility requirements, dues, fees, services and benefits packages are subject to change without notice.  In the event of any changes, these USTA Coaching Terms and/or the USTA Coaching Program package benefits will be updated and published at USTACoaching.com.

 

 

2.              Annual Fees; Safe Play and Eligibility Requirements. 

The Baseline package is free to individuals who are at least 13 years of age. If you are a minor in your state of residence, USTA reserves the right to require parental verification to register for and purchase a USTA Coaching Baseline package. 

 

The Rally, Pro and Pro Plus packages are subject to an annual fee, as described here, and are open to individuals who are at least 18 years of age and have completed the USTA Safe Play criminal background check, SafeSport course, and acknowledged and agreed to the USTA’s athlete abuse prevention policies. 

 

As a purchaser and participant in the USTA Coaching Rally, Pro or ProPlus packages, you agree that you are subject to the USTA’s athlete abuse prevention policies and program, known as Safe Play, and that to register for a USTA Coaching Program, SafeSport training, acknowledgment and agreement to abide by the USTA’s athlete abuse prevention policies, and criminal background check are required (collectively, “Safe Play Approved”).  In the event your Safe Play Approved status is not secured at time of purchase, or is revoked, suspended, or subsequently expires at any time during the term of your USTA Coaching Program package term, we reserve the right to suspend or terminate your USTA Coaching Program account and restrict or remove your access to USTA Coaching benefits until such time that your USTA Safe Play Approved status is reinstated. USTA Coaching Program participants are responsible for maintaining eligibility for the Program by meeting the Safe Play requirements. You will not be entitled to any refund or extension of your USTA Coaching Program package term in the event of any suspension to your USTA Coaching Program benefits as a result of revocation or expiration of your Safe Play Approved status.

 

As a Safe Play Approved USTA Coaching participant, you are required to comply with the USTA’s athlete abuse prevention policies and program at all times, and failure to comply will subject you to discipline, including, without limitation, loss of benefits, suspension or expulsion. Safe Play is the USTA’s implementation of the SafeSport Code ( https://uscenterforsafesport.org/response-and-resolution/safesport-code/) as promulgated by the U. S. Center for SafeSport (“Center for SafeSport” or “SafeSport”).  All USTA Members and USTA Coaching participants in the Rally, Pro, and Pro Plus packages are within the jurisdiction of the Center for SafeSport and are required to comply with the SafeSport Code as applicable.   

For more information on how to become Safe Play Approved, please see here. 

3.              Registration Information and Verification. 

By applying for USTA Coaching Program participation, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form; and (ii) maintain and promptly update your information to ensure that it remains true, current, accurate and complete. You agree that the USTA is authorized to verify all information provided. The information the USTA obtains, whether from your USTA Coaching Program application, these verification processes or from your use or participation in any of our programs or services, including, without limitation, our websites and applications, is subject to the USTA’s website Terms of Use and Privacy Policy.

 

4.     Term, Payment, Automatic Renewal and Cancellation.

Your annual USTA Coaching Program package term will commence upon our receipt of payment of your USTA Coaching Program package dues and will expire on the one-year anniversary date thereof (the “Expiration Date”). 

Please note that annual fees for USTA Coaching Program packages are non-cancellable and non-refundable. If you cancel your USTA Coaching Program package at any time after purchase, you will not receive a refund, but you can continue to enjoy the benefits of your USTA Coaching package through the end of your paid package term. All requests for cancellation will take effect at the end of your then-current annual term and USTA Coaching will not charge you for any subsequent renewal periods.

All charges for USTA Coaching program packages are facilitated through a third-party payment processor, currently Stripe, Inc. USTA Coaching may replace its third-party payment processor at any time without notice to you.

If you opted into automatic renewal, you agree that on your USTA Coaching Program renewal date, the USTA will charge the USTA Coaching Program fee for the next one-year term of your existing package level at the USTA’s then-current standard pricing to your selected payment method. You can manage the automatic renewal setting under your Account settings on your USTA Coaching dashboard.   If you would like to cancel your USTA Coaching Program package, you may also contact the USTA Coaching’s Customer Care team at coachcare@usta.com or by calling 833-380-6332. The USTA Coaching Baseline package is available free of charge, but subject to your registration and renewal on an annual basis.

The USTA reserves the right to change its USTA Coaching Program package fees in its sole discretion. In the event of a change in package fees, the USTA will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have linked with your USTA Coaching account. If you do not wish to accept the enrollment fee change, you may cancel your USTA Coaching Program package by turning off automatic renewal as described above. If you do not cancel your USTA Coaching Program package after the purchase fee change takes effect and prior to the start of your next annual USTA Coaching package term, your USTA Coaching package will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes.

 

5.              USTA Coaching Program Benefits.

All USTA Coaching benefits and offers are only available to the USTA Coaching Program participants in good standing according to the requirements of the benefits package purchased. USTA Coaching Program packages are not transferable.

Offers relating to third party products and services are through participating third-party retailers and service providers and are subject to restrictions and change without notice in the discretion of each participating retailer and service provider.  The USTA is not responsible for third party offers and discounts or related purchases. All USTA Coaching package discounts listed are with respect to regular pricing and, as applicable, in-stock items only. Offers are applicable to future purchases only and while supplies last. Except for the USTA online store, all purchases and savings are through participating retailers and service providers, not the USTA. Discount amount and other offer terms subject to change without notice in the discretion of each participating retailer and service provider. The USTA is not responsible in any way for such offers and discounts or related purchases.

 

Wilson Tennis Ball Discount

All Rally, Pro and Pro Plus Coaching subscribers that are confirmed “Safe Play Approved” are eligible to receive a one-time 20% discount coupon code on full retail purchase price of all Wilson tennis balls purchased on Wilson.com, plus free shipping for orders of 10 or more cases of tennis balls. No minimum purchase required. Discount coupon codes will be provided via email upon confirmation of your USTA Coaching package and are valid through 12/31/26. All purchases are subject to Wilson’s discount terms and conditions, some restrictions and exclusions may apply.   

 

Tennis Equipment Discount

Purchasers of any level of a USTA Coaching package that are confirmed “Safe Play Approved” are eligible to receive a one-time discount code of 20% toward the full retail purchase of eligible tennis equipment (rackets, strings, bags, footwear and accessories) from your preferred participating equipment retailer’s official website (may pick one of Wilson, Head or Babolat). Only one (1) 20% retailer discount code will be provided per USTA Coaching subscriber and your preferred provider must be selected through your Coaching account dashboard at the time you subscribe to USTA Coaching.

Additionally, Rally, Pro and Pro Plus Coaching subscribers will be eligible to receive an additional retailer discount code based on meeting designated badge completion requirements as follows through the USTA Coaching Online Learning Hub, which is anticipated to becomes available on the USTA Coaching site in late 2025.

·       Rally subscribers will be eligible to receive an additional one-time 30% equipment discount code from their preferred retailer upon completion of the Development Coach badge in the USTA Coaching Online Learning Hub.

·       Pro and Pro Plus subscribers will be eligible to receive an additional one-time 50% equipment discount code from their preferred retailer upon confirmation of achieving certification equivalency or by completing the necessary educational requirements for “USTA Coaching Professional” certification status through the USTA Coaching Online Learning Hub

Equipment discount codes are valid through 12/31/26 and subject to a minimum $100 purchase and maximum $1,000 purchase (retail value). Additional retailer restrictions and exclusions apply and all purchases are subject to your selected retailers’ discount terms and conditions.

 

Serve Tennis Access

USTA Coaching subscribers will receive ‘Provider’ access to the USTA Serve Tennis management software (the “Serve Tennis Platform”), which will be accessible through your USTA Account. The Serve Tennis Platform will provide opportunities to list, register and schedule tennis programming opportunities (i.e. lessons, clinics, camps, etc.) for your players and customers through the Serve Tennis Platform. Your use of the Serve Tennis Platform is subject to the USTA Terms of Use and the USTA Privacy Policy.

 

USTA Coaching Online Learning Hub (Beginning in late 2025)

As of August 13, 2025, the USTA’s Online Learning Hub is not yet operational.  It is anticipated that the Online Learning Hub will launch in late 2025. 

Baseline package subscribers will receive limited access to the Online Learning Hub, as determined by USTA in its sole discretion.  Rally, Pro and Pro Plus package subscribers will receive full access to the Online Learning Hub, subject to confirming and maintaining your Safe Play Approved status.  In the event that your Safe Play Approved status is revoked or expires at any time during the term of your USTA Coaching package term, USTA reserves the right to temporarily or permanently disable your access to the Online Learning Hub and withhold any and all other USTA Coaching Program benefits until such time that your USTA Safe Play Approved status is reinstated. More details on the USTA Coaching Online Learning Hub will be announced by USTA Coaching at a later date. 

 

TennisDrills.tv

Rally, Pro and Pro Plus subscribers will receive a 1-year subscription to TennisDrills.tv website and access to all TennisDrills.tv content for the duration of your USTA Coaching subscription term. Baseline subscribers will receive access to TennisDrills.tv on through December 31, 2025. USTA Coaching subscribers will receive access to TennisDrill.tv through a single sign-on link on the TennisDrills.tv “Member Log In” page using your USTA account.  Your subscription and access to TennisDrills.tv is subject to the TennisDrills.tv Terms and Conditions and Privacy Policy. TennisDrills.tv is not affiliated with the USTA.

 

USTA Coaching Insurance Benefits

USTA IS NOT AN INSURER.   ALL INSURANCE POLICIES, BENEFITS, DISCOUNTS, AND RELATED SERVICES FOR USTA COACHING ARE PROVIDED AND ADMINISTERED BY GALLAGHER AFFINITY INSURANCE SERVICES, INC. (LICENSE NO. 100310679; CA LICENSE NO. 0783129) AND ITS SUBSIDIARY AND AFFILIATED COMPANIES (COLLECTIVELY, “GAIS”). ALL INSURANCE POLICIES AND BENEFITS ARE SUBJECT TO THE APPLICABLE TERMS AND LIMITS OF THE RESPECTIVE INSURANCE PROVIDER OR PARTNER. 

 

All insurance information provided on www.ustacoaching.com, www.ustacoachingbenefits.com or by GAIS is offered as insurance industry insight and provided as an overview of current market risks and available coverages and is intended for discussion purposes only. USTA Coaching insurance information is not intended to offer legal advice or client specific risk management advice. Any description of insurance coverages is not meant to interpret specific coverages that you or your company may already have in place or that may be generally available. General insurance descriptions contained herein do not include complete Insurance policy definitions, terms and/or conditions, and should not be relied on for coverage interpretation. Actual insurance policies must always be consulted for full coverage details and analysis. GAIS publications may contain links to non-Gallagher websites that are created and controlled by other organizations. We and GAIS claim no responsibility for the content of any linked website, or any link contained therein. The inclusion of any link does not imply endorsement by us or GAIS, as we have no responsibility for information referenced in material owned and controlled by other parties. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third party websites and resources.

For insurance policies where premiums are covered by USTA Coaching as part of your USTA Coaching package Fee (e.g. Participant Accident coverage for Pro subscribers; Participant Accident and Commercial General Liability for Pro Plus subscribers), you are responsible for registering as an insured through the GAIS registration process provided upon completion of your USTA Coaching subscription. Additionally, voluntary insurance products may be made available to your at discounted or pre-negotiated rates through your USTA Coaching Program participation, which may be purchase separately by you through GAIS at your own expense. For more information on insurance coverage and related benefits, please visit www.ustacoachingbenefits.com

USTA Coaching Participant Accident and Commercial General Liability coverage is provided under a group policy purchased by USTA and is subject to the applicable policy terms. Coverage requirements will apply. For more information, please consult the policy documentation made available through www.ustacoachingbenefits.com, or by contacting coachcare@usta.com to request copies of the respective insurance policies in advance of your USTA Coaching subscription purchase.

 

6.              DISCLAIMER.

USTA COACHING PROGRAM PACKAGES AND THE BENEFITS AND SERVICES PROVIDED BY THE USTA TO ITS COACHING PROGRAM PARTICIPANTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE USTA AND THE USTA FAMILY OF COMPANIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULATR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE USTA EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM ANY USTA WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM A THIRD-PARTY WEBSITE THAT LINKS TO OR FROM ANY USTA WEBSITE OR THIRD- PARTY CONTENT ON OUR SITES. WE DO NOT ENDORSE ANY OF THE MERCHANDISE OR SERVICES (IF ANY) EXCEPT AS EXPRESSLY PROVIDED, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED IN SUCH THIRD-PARTY SITES OR CONTENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES AND THIRD-PARTY CONTENT. WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES.

 

7.              DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER).

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES BETWEEN YOU AND THE USTA AND ITS FAMILY OF COMPANIES THROUGH INDIVIDUAL ARBITRATION. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge and agree that any violation of these USTA Coaching Terms relating to the disclosure, use, copying, distribution, display, or publishing of the information and/or content on the USTA website and/or its associated services and/or offerings may result in irreparable injury and damage to the USTA Family of Companies that may not be adequately compensable in money damages, and for which we will have no adequate remedy at law. You, therefore, consent and agree that the USTA Family of Companies may obtain injunctions, orders, or other equitable relief as may be reasonably necessary to ensure compliance with these USTA Coaching Terms. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or other equitable relief.

This Dispute Resolution section will survive termination of these USTA Coaching Terms.

 

A.             Binding Arbitration.

This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these USTA Coaching Terms, your use of the USTA website, the Privacy Policy, or your relationship with the USTA Family of Companies (which include the USTA and its affiliated companies, including USTA National Tennis Center Incorporated, USTA Foundation Incorporated, and USTA Player Development Incorporated), or any past, present, or future claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it is not removed or appealed to a court of general jurisdiction. Any disagreement as to whether a Dispute is within the jurisdictional limits of small claims court is for a court to decide and any arbitration shall be stayed. Dispute shall include, but not be limited to: (i) any dispute or claim that arose before the existence of these or any prior USTA Coaching Terms (including, but not limited to, claims relating to advertising); (ii) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any dispute or claim that may arise after termination of these USTA Coaching Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. Dispute also does not include disagreements or claims concerning anti-doping requirements and procedures, which are subject to the processes of USADA. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (i) issues that are reserved for a court in these USTA Coaching Terms; (ii) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (iii) issues that relate to the arbitrability of any Dispute. These USTA Coaching Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You or we may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect rights or property pending the completion of arbitration. You and we agree that these USTA Coaching Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq and federal arbitration law, not state arbitration law.

 

B.             Mandatory Informal Dispute Resolution Process.

You and we agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (i) information sufficient to identify any transaction or activity at issue; (ii) contact information (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the Dispute (including the date of any transaction or activity at issue) and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice via email to coachcare@usta.com. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you along with our representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.

 

C.             Arbitration Procedures.

The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by these USTA Coaching Terms, NAM shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”). The NAM Rules and fee information are available at www.namadr.com (the “NAM Website”) or by contacting NAM. If NAM is unable or unwilling to administer the arbitration consistent with these USTA Coaching Terms, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an alternate administrator that will do so. The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the NAM Rules and this arbitration agreement. You may obtain a form to initiate arbitration at the NAM Website or by contacting NAM. If you are initiating arbitration, you shall serve the demand on us via email at coachcare@usta.com. If we are initiating arbitration, we shall serve the arbitration demand at the most recent contact information we have on file for you. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You along with our representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator will apply these USTA Coaching Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

 

D.             Costs of Arbitration.

Payment of arbitration fees will be governed by the NAM Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. You and we therefore agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

 

E.             Additional Procedures for Mass Filings.

You and we agree that these Additional Procedures for Mass Filings (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Filing. If 25 or more similar Disputes (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and NAM’s resources. If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to NAM until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

 

STAGE ONE: If at least 50 Disputes are submitted as part of the Mass Filing, counsel for the claimants and counsel for us shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and we shall pay the mediator’s fee.

 

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for us shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be changed by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage Two). No more than three cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and we shall pay the mediator’s fee.

Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be immediately opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the USTA Coaching Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings, including the power to enjoin the filing or prosecution of arbitrations.

You and we agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Additional Procedures for Mass Filings has been reasonably designed to result in an efficient and fair adjudication of Disputes.

The Additional Procedures for Mass Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the USTA Coaching Terms.

 

F.             Future Changes to Arbitration Agreement.

If we make any future changes to this arbitration agreement section of these USTA Coaching Terms (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to: coachcare@usta.com within 30 days of the change. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and the USTA Family of Companies in accordance with the version of the arbitration agreement in effect upon the date of your registration and purchase of a USTA Coaching Program package.

 

G.            CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, YOU AND WE RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL. THIS CLASS ACTION AND JURY TRIAL WAIVER WILL SURVIVE ANY TERMINATION OF THESE USTA COACHING TERMS.

 

H.            Governing Law and Jurisdiction.

These USTA Coaching Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. By becoming a member of the USTA and agreeing to these USTA Coaching Terms, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. If any claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such claim, as well as for any action challenging the enforceability of these USTA Coaching Terms in whole or in part, shall be the federal or state courts of competent jurisdiction sitting within New York County, New York (the “Forum”) and the parties hereby waive any argument that the Forum or any court within it does not have personal jurisdiction and any argument that the Forum is not appropriate or convenient. This Governing Law and Jurisdiction section will survive any termination of these USTA Coaching Terms.

 

8.              Notice to California Consumers.

Under California Civil Code Section 1789.3, California members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

9.              Amendments to these USTA Coaching Terms. 

The USTA reserves the right to change, limit, modify or cancel these USTA Coaching Terms or other requirements for participation in the USTA programs. Your continued participation in the USTA Coaching program constitutes your acceptance of any such changes. 

 

10.           Miscellaneous.

Unless otherwise specified, these USTA Coaching Terms constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us. The section headings in these USTA Coaching Terms are for convenience only and must not be given any legal import. Except as otherwise specifically provided herein (e.g., the Additional Procedures for Mass Filings), if any provision of these USTA Coaching Terms is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any provision of these USTA Coaching Terms or respond to a breach by you or another user shall not serve to waive our right to enforce subsequently any terms or conditions of these USTA Coaching Terms or to act with respect to similar breaches.

 

11.           Questions about these USTA Coaching Terms.

If you have any questions regarding these USTA Coaching Terms, the USTA Coaching Program or available benefits, please contact coachcare@usta.com.