Village Beach Club · VBC Nags Head LLC

Membership Terms, Rules, Assumption of Risk, Release of Liability, Rental Agreement, and Waiver

Applies to all memberships, reservations, rentals, bookings and purchases. Effective October 23, 2026. Version ffa49d98.

This Membership Terms, Rules, Assumption of Risk, Release of Liability, Rental Agreement, and Waiver is entered into by the undersigned member, guest, participant, customer, renter, parent, legal guardian, invitee, or user, referred to in this document as “Member,” “Guest,” “Participant,” “Renter,” “Customer,” “I,” “me,” or “my,” in favor of VBC Nags Head LLC d/b/a Village Beach Club, Village Beach Club, and their respective owners, members, managers, officers, employees, staff, contractors, affiliates, related entities, property owners, landlords, vendors, software providers, payment processors, insurers, successors, and assigns, referred to in this document as “VBC Nags Head LLC,” “Village Beach Club,” “Club,” “we,” “us,” or “our.”

This Agreement applies to all use of the Village Beach Club property, facilities, amenities, pickleball courts, recreational areas, beach access areas, pool areas, dining areas, event spaces, parking areas, common areas, rental items, CourtReserve account activity, online reservations, guest passes, day passes, private events, member events, food and beverage areas, and any other Club-related activity or service.

By signing this Agreement, purchasing a membership, using a membership, entering the property, making a reservation, using CourtReserve, renting equipment, attending an event, using the pickleball courts, using the pool, using beach services, participating in any activity, or allowing a minor under my care to participate, I acknowledge and agree to all terms below.

1. Purpose of Agreement

The purpose of this Agreement is to clearly disclose the risks, rules, responsibilities, payment obligations, membership limitations, guest obligations, rental obligations, and liability waiver terms that apply to all Club use.

I understand that Village Beach Club is a private or semi-private recreational, beach, dining, social, event, and athletic club environment that includes indoor and outdoor areas, weather-dependent services, recreational activities, beach and ocean-related activities, pool areas, dining and beverage areas, private and public events, and shared member and guest use.

I understand that not every risk can be eliminated, controlled, supervised, inspected, or prevented. I voluntarily accept the risks associated with my use of the Club.

2. Assumption of Risk

I understand that use of the Club involves known and unknown risks. These risks may be obvious or hidden. They may arise from my own actions, the actions of other members or guests, the actions of staff, the condition of the property, weather, equipment, ocean conditions, pool conditions, athletic activity, food and beverage service, or other circumstances.

I voluntarily assume all risks associated with entering the property, using the facilities, using the pickleball courts, using the pool, using beach services, using rental equipment, attending events, participating in athletic or recreational activities, consuming food or beverage, supervising minors, parking, walking, climbing stairs, using furniture, using umbrellas, using chairs, using surfboards, using towels, and using any Club service or amenity.

These risks include but are not limited to:

• Slips, trips, and falls
• Wet or slippery surfaces
• Uneven surfaces
• Sand, decks, stairs, curbs, thresholds, ramps, mats, pool decks, court surfaces, and walkways
• Collisions with people, furniture, posts, fences, nets, walls, railings, equipment, or vehicles
• Pickleball-related injuries
• Muscle strains, sprains, tears, fractures, bruises, and overuse injuries
• Heat exhaustion, heat stroke, dehydration, sunburn, and sun exposure
• Weather-related risks
• Lightning, wind, rain, storms, flooding, and temperature changes
• Ocean waves, currents, rip currents, tides, sandbars, drop-offs, and marine life
• Pool-related risks
• Diving or jumping risks
• Recreational equipment failure or misuse
• Chair, umbrella, surfboard, towel, paddle, ball, or rental item risks
• Food allergies or sensitivities
• Alcohol-related risks
• Crowd-related risks
• Event-related risks
• Parking lot and vehicle-related risks
• Theft, loss, or damage to personal property
• Actions or negligence of other members, guests, invitees, renters, vendors, or third parties
• Medical emergencies
• Delayed emergency response
• Lack of supervision or limited supervision
• Risks involving minors
• Risks that are not specifically listed in this Agreement

I understand that this list is not complete. I accept both listed and unlisted risks.

3. Release of Liability

To the fullest extent permitted by North Carolina law, on behalf of myself and my spouse, heirs, next of kin, executors, administrators, personal representatives, successors, and assigns, I release, waive, discharge, and agree not to sue VBC Nags Head LLC d/b/a Village Beach Club, Village Beach Club, and their respective owners, members, managers, officers, employees, staff, contractors, affiliates, related entities, property owners, landlords, vendors, software providers, payment processors, insurers, successors, and assigns from claims, demands, actions, damages, losses, costs, expenses, injuries, death, property damage, or liabilities arising out of or related to my use of the Club, my membership, my guest access, my rental activity, my participation in activities, my attendance at events, my use of facilities or equipment, or the participation of minors under my care.

THIS RELEASE INCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF VBC NAGS HEAD LLC, VILLAGE BEACH CLUB, OR ANY OTHER RELEASED PARTY, INCLUDING NEGLIGENT SUPERVISION, INSTRUCTION, INSPECTION, MAINTENANCE, RESCUE, OR EMERGENCY RESPONSE.

I understand that this Agreement does not release claims for gross negligence, willful or wanton conduct, or intentional misconduct, or any other claim that cannot legally be released under North Carolina law.

The persons and entities released in this Section are referred to in this Agreement as the “Released Parties.” This release applies to every visit to and use of the Club from the date I sign until I revoke it in writing, and it survives the expiration, non-renewal, cancellation, or termination of my membership.

4. Indemnification

I agree to indemnify, defend, and hold harmless VBC Nags Head LLC d/b/a Village Beach Club, Village Beach Club, and their respective owners, members, managers, officers, employees, staff, contractors, affiliates, related entities, property owners, landlords, vendors, software providers, payment processors, insurers, successors, and assigns from any claim, demand, action, damage, loss, cost, expense, injury, death, property damage, attorney fee, collection cost, or liability arising out of or related to:

• My actions or omissions
• My violation of Club rules
• My use of the facilities
• My use of rental items
• My guests
• Minors under my care
• My failure to supervise minors
• My damage to Club property
• My failure to return rental items
• My misuse of equipment
• My violation of law
• My violation of this Agreement
• Loss, theft, damage, destruction, late return, or non-return of rental items or Club-issued property
• Unattended, abandoned, collected, moved, stored, discarded, donated, or unclaimed personal property
• Claims made by my guests, family members, invitees, minors under my care, or anyone using my membership, account, reservation, rental item, or privileges

This indemnity applies to claims brought by or on behalf of my guests, family members, and minors under my care, including claims alleging negligence of the Released Parties, to the fullest extent permitted by North Carolina law. It does not apply to claims caused by the gross negligence or willful misconduct of the Released Parties. Attorney fees under this Section are recoverable only to the extent permitted by North Carolina law, including N.C. Gen. Stat. § 6-21.2.

5. Medical Fitness and Emergency Care

I represent that I am physically able to participate in the activities I choose.

I understand that the Club does not provide medical evaluations, medical advice, fitness clearance, swimming ability testing, or athletic screening.

I am responsible for determining whether I or a minor under my care should participate based on health, age, ability, medications, injuries, weather, heat, hydration, swimming ability, and physical condition.

In the event of a medical emergency, I authorize the Club to seek emergency assistance but understand that the Club is not obligated to provide medical care and does not guarantee the availability, timing, or outcome of emergency response.

I am responsible for all medical expenses related to myself, my guests, and minors under my care.

If I, or the parent or guardian of a minor under my care, cannot be reached or cannot respond, I authorize Club staff and emergency responders to provide or obtain first aid, CPR, AED use, and emergency medical transport. Good-faith emergency assistance does not create a duty to provide further care, and I am responsible for the resulting medical and transport costs.

I agree to report any injury, accident, or unsafe condition involving me, my guests, or minors under my care to Club staff before leaving the property, or as soon as reasonably possible, so that it can be documented.

6. Pool, Deck, and Water Area Risks

I understand that pool and deck areas involve risks, including slippery surfaces, wet stairs, wet decking, crowding, horseplay, diving or jumping injuries, water depth misjudgment, chemical exposure, weather exposure, and drowning risk.

I agree to follow all posted pool rules and staff instructions.

UNLESS A LIFEGUARD IS EXPRESSLY POSTED AS ON DUTY, NO LIFEGUARD IS ON DUTY AT THE POOL, AND I SWIM, AND ALLOW MINORS UNDER MY CARE TO SWIM, AT OUR OWN RISK. Children should not use the pool without adult supervision, and adults should not swim alone. Staff presence does not guarantee supervision, monitoring, rescue, or prevention of injury.

I am responsible for supervising minors and non-swimmers under my care at all times.

Glass containers and pets (other than service animals where required by law) are prohibited in the pool area. Diving is prohibited except where expressly marked as permitted. The pool may be closed at any time for weather, lightning, water quality, bodily-fluid incidents, inspections, permit requirements, or staff direction, and I agree to leave the water immediately when instructed.

7. Beach, Ocean, Surfboard, and Water-Related Risks

I understand that beach and ocean environments are naturally hazardous and constantly changing. Ocean-related risks include but are not limited to waves, shore break, rip currents, longshore currents, undertow, tides, shifting sandbars, holes, drop-offs, marine life, shells, debris, jellyfish, wind, sun exposure, lightning, storms, and limited visibility.

Surfboards and ocean-related rental items involve increased risk. The Club does not guarantee that ocean conditions are safe for use.

I am responsible for determining whether I have the swimming ability, fitness, experience, judgment, and supervision necessary to safely use any surfboard or ocean-related item.

I agree not to use surfboards or ocean-related rental equipment in unsafe conditions, during storms, in restricted areas, while impaired, beyond my ability, or in violation of Club or public beach rules.

I understand that the ocean beach next to the Club is public trust land that the Club does not own, control, maintain, or patrol. Any lifeguards or ocean rescue personnel on the beach are provided by the Town of Nags Head or another public agency, not by the Club, and the Club does not provide ocean lifeguard service. I agree to obey all Town of Nags Head beach ordinances, warning flags, and ocean rescue instructions, including red-flag and no-swimming orders, surfboard leash and surfing-area rules, tent and canopy limits, and rules requiring personal items to be removed from the beach overnight.

8. Rental Equipment, Borrowed Items, Issued Club Property, and Equipment Responsibility

I understand that Village Beach Club may rent, loan, issue, check out, or otherwise make available towels, chairs, umbrellas, surfboards, paddles, balls, carts, beach equipment, pickleball equipment, pool equipment, recreational equipment, access devices, keys, wristbands, and any other Club-owned or Club-controlled item, whether processed through CourtReserve, another software system, staff checkout, a member account, a deposit, or any other method.

All rental, borrowed, loaned, issued, or checked-out items remain the property of the Club unless expressly sold in writing. For purposes of this Agreement, the words rental item, rental equipment, borrowed item, issued item, Club property, and equipment include any and all items provided by the Club for use by me, my guests, my family members, minors under my care, or anyone using my membership, account, reservation, or privileges.

I accept full responsibility for each rental item from the time it is issued, checked out, delivered, reserved, assigned, placed under my control, or made available to me until the item is returned to the Club and accepted by staff or recorded as returned in the Club’s system. Leaving an item at a chair, court, pool area, beach area, rack, towel bin, front desk, or other location does not complete the return unless Club policy or staff expressly accepts that return method.

I agree to inspect all rental items before use and to immediately notify staff of any pre-existing damage, unsafe condition, missing part, defect, or concern. If I do not promptly report a problem before using the item, the item may be treated as having been issued in good and usable condition.

I agree to use rental items only for their intended purpose, in a safe and reasonable manner, and in accordance with posted rules, staff instructions, weather conditions, manufacturer warnings, ordinary care, and applicable law. I will not modify, misuse, abuse, overload, sublease, resell, transfer, lend, abandon, intentionally damage, conceal, remove from approved areas, or allow unauthorized persons to use Club rental items.

I am financially responsible for any rental item that is lost, stolen, taken by another person, misplaced, damaged, destroyed, broken, excessively dirty, contaminated, unsafe to reuse, returned late, returned incomplete, or not returned. This responsibility includes theft or disappearance of rental items while in my possession, under my control, assigned to my account, used by my guests, used by minors under my care, or left unattended by me or anyone using my privileges.

I understand that deposits, pre-authorizations, membership privileges, or posted rental fees are not a cap on my responsibility unless the Club expressly states in writing that they are the exclusive remedy. I agree to pay the Club’s reasonable repair, cleaning, sanitation, labor, administrative, late-return, lost-use, and replacement costs, including the full replacement cost of comparable new equipment when repair is not practical or the item is not returned.

I authorize the Club to charge my card, account, member account, CourtReserve account, deposit, or other payment method on file for rental fees, deposits, late fees, cleaning fees, damage fees, replacement charges, lost-item charges, administrative charges, and collection costs related to rental items. If my payment method is declined, I remain personally responsible for the balance.

Umbrellas, surfboards, and beach/ocean equipment involve special risks. I agree to monitor wind, weather, tides, ocean conditions, crowds, and safe-use conditions. I will close, secure, stop using, or return umbrellas and other equipment when conditions are unsafe or when instructed by staff. I understand that I may be responsible for damage or injury caused by my failure to properly use, supervise, secure, or return rental equipment.

9. Personal Property, Unattended Belongings, and Lost-and-Found Handling

I understand that the Club is not responsible for lost, stolen, damaged, moved, misplaced, unattended, or unclaimed personal property, to the fullest extent permitted by North Carolina law.

Personal property includes but is not limited to phones, wallets, purses, bags, keys, jewelry, sunglasses, clothing, personal towels, Club-issued towels in my possession, paddles, surfboards, chairs, coolers, food, beverages, toys, electronics, vehicles, bikes, carts, strollers, beach gear, and valuables.

I agree not to leave valuables unattended. I understand that the Club is a shared recreational, dining, beach, pool, event, and athletic environment and that staff cannot monitor, guard, secure, or insure personal belongings.

I agree that I will not leave towels, bags, clothing, coolers, beach gear, personal items, or other belongings unattended for more than 30 minutes in any Club area, including but not limited to chairs, tables, pool areas, pickleball courts, walkways, beach access areas, dining areas, event spaces, restrooms, parking areas, and common areas. Items left unattended may be treated as interfering with Club operations, safety, sanitation, capacity management, member use, or guest use.

If personal property is left unattended, appears abandoned, blocks access, creates a safety or sanitation concern, is left after closing, is left in a reserved area, is left on rental furniture or equipment, or remains unattended for more than 30 minutes, the Club may move, collect, bag, tag, inventory, relocate, or hold the property in a lost-and-found or other location selected by the Club.

The Club’s collection, movement, storage, or temporary holding of personal property is a courtesy and operational measure only. It does not create a warehouse relationship, storage contract, safekeeping agreement, or assumption of responsibility beyond any minimum duty required by law. The Club does not guarantee that collected items will be found, secured, protected from weather, protected from theft, or returned in the same condition.

The owner is responsible for promptly claiming personal property and proving ownership when requested. The Club may require identification, a description of the item, payment of applicable charges, and confirmation that no Club property is being removed before releasing an item.

Wet, soiled, unsafe, perishable, unsanitary, hazardous, low-value, or odor-producing items may be discarded immediately if the Club determines that holding the item would create a health, safety, sanitation, pest, odor, security, or operational issue. Other unclaimed items may be held for a reasonable period determined by Club policy and, if not claimed, may be donated, discarded, or handled as permitted by law. High-value items, identification documents, payment cards, or items that appear sensitive may be turned over to law enforcement or handled according to Club policy.

I agree that the Club may charge reasonable costs associated with collecting, moving, cleaning, storing, returning, shipping, or disposing of personal property when permitted by law. I also agree that the Club may remove unattended belongings from chairs, tables, courts, pool areas, or other spaces so those areas may be used by other members, guests, renters, staff, or event attendees.

If, despite this Agreement, the Club is found responsible for the loss of or damage to personal property, the Club’s total liability is limited to $250 per occurrence, except where the loss or damage is caused by the gross negligence or willful misconduct of the Club.

10. Food, Beverage, Allergies, and Alcohol

I understand that food and beverage may be served on Club property or at Club events. Food and beverage items may contain or come into contact with allergens, including but not limited to eggs, seafood, shellfish, fish, peanuts, tree nuts, milk, wheat, soy, sesame, gluten, and other allergens.

I am responsible for notifying staff of allergies, reviewing menu information, and making safe choices for myself and minors under my care.

I understand that the Club cannot guarantee an allergen-free kitchen, menu item, dining area, event, or food preparation environment.

If alcohol is served or consumed on the property, I agree to comply with all alcohol laws, Club rules, staff instructions, and age restrictions. I agree not to provide alcohol to minors or intoxicated persons. I agree not to participate in athletic, ocean, pool, surfboard, or equipment-related activities while impaired.

The Club may refuse service, remove alcohol, deny access, arrange transportation, contact authorities, or remove any person who appears impaired, disruptive, unsafe, underage, or in violation of Club policy.

Alcoholic beverages may be sold, served, and consumed only as allowed by the Club’s North Carolina ABC permits and posted Club policy. Outside alcohol is prohibited unless the Club expressly permits it in writing. Staff may request proof of age at any time, and a staff decision to refuse or stop alcohol service is final.

11. Events, Private Parties, Entertainment, and Gatherings

I understand that Village Beach Club may host member events, public events, private parties, live entertainment, dining events, tournaments, lessons, clinics, and special gatherings.

Events may involve crowds, music, dancing, food service, alcohol service, temporary setups, tents, stages, cords, lighting, furniture, décor, vendors, performers, and additional risks.

I agree to follow event rules, wristband rules, age restrictions, guest policies, alcohol policies, capacity limits, and staff instructions.

The Club may change, cancel, relocate, limit, or close events due to weather, safety, staffing, vendor issues, attendance, private bookings, or management decisions.

12. Member and Guest Conduct

All members, guests, renters, and participants must behave respectfully and safely.

The following conduct is prohibited:

• Unsafe behavior
• Harassment, threats, intimidation, or abusive language
• Fighting or aggressive conduct
• Disorderly conduct
• Excessive intoxication
• Providing alcohol to minors
• Theft or misuse of property
• Damage to Club property
• Failure to supervise minors
• Violation of court, pool, beach, event, dining, parking, or rental rules
• Interference with staff or other members
• Refusal to follow staff instructions
• Unauthorized entry into restricted areas
• Unauthorized use of equipment
• Misuse of CourtReserve or member accounts
• Bringing prohibited items onto the property
• Weapons, where prohibited by posted notice as allowed by North Carolina law
• Glass containers in pool, deck, beach, or court areas
• Pets, except service animals as defined by law or where expressly permitted by Club policy
• Any conduct that the Club determines is unsafe, disruptive, unlawful, or harmful to the member experience

The Club may warn, suspend, remove, revoke, or terminate access or membership for violations.

13. Guest Responsibility

Members are responsible for their guests.

A sponsoring member is responsible for ensuring that guests register, pay required fees, sign required waivers, follow Club rules, comply with age restrictions, and behave appropriately.

The sponsoring member may be financially responsible for guest charges, damages, misconduct, lost items, rental items, or rule violations.

Guest privileges may be limited, suspended, changed, or revoked at any time.

14. Minors

A parent or legal guardian must sign this Agreement for every minor (anyone under 18 years of age) who uses the Club. A minor may not sign this Agreement on his or her own behalf.

Parents and guardians are responsible for the supervision, conduct, safety, charges, and rule compliance of minors under their care.

The Club does not assume responsibility for supervising minors unless a specific supervised program is expressly offered in writing.

Minors may be restricted from certain areas, rentals, surfboards, pickleball reservations, pool areas, events, alcohol areas, or equipment based on age, safety, supervision, membership type, or Club policy.

I agree that I will not leave minors unattended unless expressly permitted by a specific Club program.

Minors under 16 years of age must be accompanied and directly supervised by a parent, legal guardian, or responsible adult 18 years of age or older at all times, unless a written Club program or posted Club policy allows otherwise.

If I accept this Agreement as the parent or legal guardian of a minor, I confirm that I have authority to do so, and on my own behalf and on behalf of the minor, to the fullest extent permitted by North Carolina law, I agree to Sections 2 (Assumption of Risk), 3 (Release of Liability), and 4 (Indemnification) of this Agreement. I release the Released Parties from any claim I have arising from the minor’s injury, including claims for the minor’s medical expenses, and I agree to indemnify and defend the Released Parties against any claim brought by or on behalf of the minor, except claims caused by the gross negligence or willful misconduct of the Released Parties. I accept responsibility for the minor’s participation, conduct, supervision, charges, rentals, and compliance with Club rules, and I consent to emergency medical treatment for the minor as described in Section 5.

15. Parking and Vehicles

Parking is subject to availability and Club rules. Membership does not guarantee a parking space unless expressly stated in writing.

The Club is not responsible for vehicle damage, theft, towing, flooding, weather damage, vandalism, or third-party damage.

Improperly parked, unauthorized, unsafe, blocking, or abandoned vehicles may be towed, in accordance with posted signage and N.C. Gen. Stat. § 20-219.2, at the owner’s expense.

16. Membership Is a Revocable License

Membership at Village Beach Club is a revocable license to use designated Club facilities and amenities according to the membership type purchased and the rules in effect at the time of use.

Membership is not an ownership interest in the Club, the property, the facilities, the pickleball courts, the rental inventory, or any Club business operation.

The Club may modify rules, schedules, amenities, operating hours, guest privileges, rental policies, payment policies, reservation policies, membership categories, membership benefits, software systems, and access procedures at any time for operational, safety, seasonal, staffing, maintenance, insurance, legal, or business reasons.

Continued use of the Club after changes are posted, emailed, published, or otherwise made available constitutes acceptance of the updated rules.

Changes to dues or fees will not apply to a membership term I have already paid for. Changes to Sections 3, 4, 22, and 34 of this Agreement will apply only to claims, charges, and renewal terms arising after the Club gives me written notice of the change.

17. Membership Categories and Access Limits

Village Beach Club may offer different categories of membership, including but not limited to Beach Club Membership, Pickleball Membership, family membership, individual membership, seasonal membership, day pass, guest pass, social membership, dining-related access, event access, employee access, promotional access, or other limited-use categories.

Each membership category may have different access rights, hours, pricing, guest privileges, reservation privileges, rental privileges, parking privileges, event privileges, billing obligations, and restrictions.

Members are responsible for understanding the benefits and limitations of their specific membership category.

No verbal statement by staff, marketing material, website description, social media post, or prior practice shall override the written membership terms, posted rules, or management policies in effect at the time of use.

18. No Guarantee of Availability

Membership does not guarantee that any specific amenity, facility, service, court, chair, umbrella, towel, surfboard, event, pool area, dining area, parking space, reservation time, or rental item will be available at any particular time.

Availability may be affected by weather, tides, storms, wind, heat, lightning, unsafe surfaces, ocean conditions, staffing, maintenance, cleaning, repairs, renovations, private events, member events, tournaments, lessons, leagues, capacity limits, health or safety concerns, utility outages, technology outages, government orders, emergency conditions, or other circumstances.

The Club may close, delay, limit, relocate, modify, or cancel use of any area, amenity, reservation, event, or rental operation in its sole discretion.

19. CourtReserve and Software System Use

Village Beach Club may use CourtReserve or another third-party software system to manage pickleball reservations, memberships, payments, check-ins, guest fees, rental items, towel rentals, surfboard rentals, chair rentals, umbrella rentals, account balances, waivers, communications, and other Club operations.

By using CourtReserve or any Club software system, I agree that:

1. I am responsible for keeping my account information accurate and current.
2. I am responsible for reviewing all booking details before confirming a reservation or rental.
3. I authorize charges for memberships, rentals, guest fees, court fees, lessons, clinics, no-show fees, late fees, deposits, replacement fees, damage fees, and any other charges I approve or incur.
4. Reservations and rentals are subject to availability and Club approval.
5. Technology errors, software outages, account issues, payment issues, user mistakes, or third-party system problems do not guarantee refunds, credits, free use, or priority access.
6. The Club may rely on the reservation, rental, and payment information shown in its software system unless corrected by Club management.

I agree that the Club may send me transactional messages, including receipts, invoices, renewal notices, reservation confirmations, and weather or closure alerts, by email or text message to the contact information I provide. The Club will send marketing text messages only with my separate consent, and I may opt out of text messages at any time by replying STOP.

20. Payment Authorization

I authorize Village Beach Club to charge my card, account, member account, CourtReserve account, or other payment method on file for all applicable charges, including but not limited to:

• Membership dues
• Initiation fees
• Court fees
• Guest fees
• Day pass fees
• Event fees
• Lesson fees
• Clinic fees
• Tournament fees
• Rental fees
• Towel fees
• Chair fees
• Umbrella fees
• Surfboard fees
• Food and beverage charges
• Taxes
• Service charges
• No-show fees
• Late cancellation fees
• Late return fees
• Lost item fees
• Damage fees
• Replacement fees
• Cleaning fees
• Chargeback fees
• Collection costs
• Any other fees disclosed by the Club

I agree that I am responsible for reviewing my charges and promptly reporting any billing concerns. Failure to dispute a charge within the Club’s stated time period may result in the charge being treated as accepted. This does not limit any dispute right I have under applicable law or the rules of my card issuer.

Late fees, returned-payment fees, chargeback fees, and collection costs will be charged only in amounts disclosed in the Club’s published fee schedule or as otherwise permitted by North Carolina law. Attorney fees will be sought only as permitted by N.C. Gen. Stat. § 6-21.2.

21. Card on File, Outstanding Balances, and Continuing Payment Authorization

I agree to keep a valid payment method on file with the Club, CourtReserve, or any other Club-approved payment system when required by my membership type, reservation, rental, guest access, event access, or account status.

To the fullest extent permitted by law, I authorize the Club to charge my card on file, account on file, member account, CourtReserve account, deposit, preauthorization, or other payment method for any outstanding balance owed to the Club, including but not limited to membership dues, renewal dues, initiation fees, guest fees, court fees, reservations, rentals, food and beverage charges, event charges, private party charges, deposits, late fees, no-show fees, cancellation fees, returned-payment fees, chargeback costs, damage charges, lost-item charges, theft or non-return charges, cleaning fees, replacement costs, collection costs, taxes, service charges, and other amounts incurred by me, my guests, minors under my care, or anyone using my membership, account, reservation, rental item, or privileges.

I understand that outstanding balances may result in suspension of privileges, denial of reservations or rentals, collection activity, late fees, loss of guest privileges, refusal of future service, or termination of membership, subject to applicable law and Club policy.

If a payment method is declined, expires, is reversed, is disputed, or becomes invalid, I remain personally responsible for the balance and agree to promptly provide an updated payment method. The Club may apply deposits, credits, or payments to the oldest outstanding balances or to balances designated by the Club, unless applicable law requires otherwise.

22. Automatic Seasonal Renewal, Renewal Notice, Dues Changes, and Cancellation

I understand and agree that, if my membership is designated as automatically renewing on my membership application, invoice, or CourtReserve account, my membership will automatically renew at the end of each season or membership term for a renewal term of the same length, unless I cancel before the renewal date as described below or the Club elects not to renew my membership.

AUTOMATIC RENEWAL NOTICE: If my membership is designated as automatically renewing, it will automatically renew for a term of the same length unless I cancel before the renewal date. I may cancel by email to management@vbcobx.com, by written notice delivered to the Club, or through my CourtReserve account if that option is available. The Club will disclose automatic renewal terms and cancellation instructions clearly and conspicuously and will provide any renewal notice required by applicable law.

DUES AND FEE CHANGES: Renewal dues, membership fees, guest fees, rental charges, service charges, and other Club charges may increase for the renewal term by the amount or percentage disclosed by the Club and permitted by applicable law. If the renewal terms change, the Club will disclose the changed terms in the renewal notice in the manner required by applicable law. Unless a specific legal cap applies, the Club may set seasonal dues and fees based on its then-current published rates, operating costs, insurance costs, staffing costs, improvements, taxes, demand, and business needs.

If the renewal term is longer than 60 days, the Club will send me written notice by personal delivery, email, or first-class mail not less than 15 days and not more than 45 days before the renewal date, as required by N.C. Gen. Stat. § 75-41. The notice will state the renewal date, that my membership will automatically renew unless I cancel before that date, and how to cancel. Any changes to the membership terms for the renewal term will be disclosed clearly and conspicuously in the notice in bold type of at least 12 points. Members are responsible for keeping their email address, mailing address, phone number, and payment information current so renewal notices, invoices, policy updates, and cancellation instructions can be delivered.

To cancel automatic renewal, I must follow the Club cancellation procedure in effect at the time, which may include written notice, email notice, cancellation through CourtReserve, or another Club-approved method. Cancellation is effective when the Club receives it. A cancellation received before the renewal date stops the upcoming renewal. Cancellation of automatic renewal does not waive outstanding balances already incurred.

The Club may decline to renew, modify, reclassify, limit, suspend, or terminate a membership for nonpayment, misconduct, rule violations, capacity limits, operational reasons, safety concerns, program changes, or other lawful business reasons. Auto-renewal does not guarantee continued access to the same membership category, amenities, pricing, courts, rental items, parking privileges, guest privileges, or operating schedule.

23. Incorporation of Membership Agreements, Posted Rules, and Club Policies

This Agreement is intended to work together with, and incorporates by reference, all applicable Village Beach Club and VBC Nags Head LLC membership documents, membership applications, seasonal membership agreements, membership descriptions, pricing sheets, invoices, receipts, account forms, CourtReserve acknowledgments, rental agreements, event agreements, guest policies, pool rules, pickleball rules, beach rules, parking rules, alcohol policies, food and beverage policies, posted signs, website terms, email notices, and written Club policies in effect at the time of use.

Members, guests, renters, participants, and account holders are responsible for reading and following all membership provisions, posted rules, written policies, staff instructions, reservation terms, rental terms, guest terms, and payment terms. If a specific membership agreement or written Club policy provides additional requirements, restrictions, fees, or responsibilities, those provisions also apply unless prohibited by law.

If there is a conflict between a verbal statement and a written Club policy, the written policy controls. If there is a conflict between this Agreement and a more specific written membership, rental, event, or reservation term, the Club may apply the more specific term to that issue unless applicable law requires otherwise.

24. Refunds, Credits, Cancellations, and Weather

Memberships, reservations, rentals, guest passes, event tickets, day passes, and other purchases are subject to the Club’s cancellation and refund policies in effect at the time of purchase.

Weather, storms, wind, rain, heat, cold, lightning, unsafe surfaces, ocean conditions, poor visibility, utility outages, software issues, maintenance, cleaning, staffing shortages, private events, or temporary closures do not automatically entitle me to a refund, credit, membership extension, substitute reservation, or alternate rental.

The Club may offer credits, make-up times, or refunds in its discretion, but doing so once does not create an obligation to do so in the future.

Hurricanes, tropical storms, nor’easters, flooding, ocean overwash, mandatory or voluntary evacuation orders, emergency declarations by Dare County, the Town of Nags Head, or the State of North Carolina, beach erosion or nourishment projects, and closures ordered by public authorities are beyond the Club’s control. These events do not entitle me to a refund, credit, or extension unless the Club’s published policy or applicable law provides otherwise.

Statutory cancellation rights. If my membership is a prepaid health or athletic club contract under N.C. Gen. Stat. §§ 66-118 through 66-125, I have the three-business-day cancellation right stated in the Notice of Buyer’s Right to Cancel above my signature, and I may request a refund of at least 90% of the pro-rata cost of unused services if I die or become disabled, or if I relocate as described in N.C. Gen. Stat. § 66-120. Nothing in this Agreement limits those rights.

25. Separate Pickleball Membership Disclosure

Village Beach Club Pickleball is operated as a separate membership, reservation, and amenity program from general Village Beach Club membership unless otherwise stated in writing.

A Pickleball Membership provides access only to the pickleball-related benefits specifically included in the member’s selected plan, package, pass, reservation, promotion, or written membership description.

A Pickleball Membership does not automatically include full Village Beach Club membership privileges. Unless expressly included in writing, Pickleball Membership does not include unlimited or guaranteed access to pools, beach club areas, dining discounts, parking, towel service, chairs, umbrellas, surfboards, member events, private event spaces, fitness classes, beach access services, or other Club amenities.

Pickleball-related access may be limited by reservation availability, court schedules, guest policies, blackout dates, leagues, lessons, clinics, tournaments, private events, staffing, maintenance, weather, safety conditions, and Club management decisions.

26. Beach Club Member Use of Pickleball Facilities

Certain Village Beach Club members may receive limited access to pickleball courts or related pickleball amenities as part of their Beach Club membership, depending on their membership category and the rules in effect at the time of use.

Beach Club member access to pickleball facilities is an amenity privilege and does not automatically create a separate Pickleball Membership unless purchased or granted in writing.

Beach Club member pickleball access may be subject to court reservation limits, member-priority windows, guest fees, court fees, cancellation rules, blackout times, lesson schedules, tournament schedules, league blocks, maintenance closures, private events, or other restrictions.

The Club may give priority access to Pickleball Members, paid reservations, leagues, clinics, tournaments, lessons, private events, or other scheduled programming.

No Beach Club Member, Pickleball Member, guest, renter, or participant is guaranteed unlimited use of any court, amenity, rental item, or Club facility.

27. Pickleball-Specific Risks

I understand that pickleball is an athletic activity that involves quick movement, stopping, starting, pivoting, reaching, swinging, bending, running, lateral movement, physical exertion, repetitive motion, and interaction with other players.

Pickleball risks include but are not limited to:

• Falls
• Collisions
• Being struck by a ball or paddle
• Contact with nets, posts, fences, gates, walls, benches, or other players
• Court surface conditions
• Wet, sandy, cracked, uneven, hot, or slippery courts
• Muscle strains
• Joint injuries
• Eye injuries
• Wrist, elbow, shoulder, knee, ankle, hip, back, or neck injuries
• Cardiac or respiratory events
• Heat-related illness
• Injury caused by improper footwear, fatigue, overexertion, or lack of conditioning

I agree to inspect the court before play and to stop play if I believe conditions are unsafe. I agree to use proper judgment, footwear, hydration, and physical caution.

28. Photography, Video, and Media Release

I understand that photos or videos may be taken at the Club, including during events, activities, lessons, tournaments, dining, pickleball, pool use, beach use, or social gatherings.

Unless I notify the Club in writing (including by email to management@vbcobx.com) that I do not consent, I grant the Club permission to use photos or videos in which I or minors under my care may appear for promotional, social media, website, marketing, training, or operational purposes without compensation.

This does not authorize inappropriate, private, or intentionally embarrassing use.

29. Damage, Loss, Theft, or Non-Return of Club Property

I agree to pay for damage caused by me, my guests, or minors under my care to Club property, rental items, borrowed items, issued items, furniture, equipment, courts, nets, fences, umbrellas, chairs, towels, surfboards, paddles, balls, pool areas, dining areas, restrooms, event spaces, fixtures, software accounts, access cards, keys, wristbands, or other property.

I also agree to pay for loss, theft, disappearance, destruction, late return, non-return, excessive dirtiness, contamination, misuse, missing parts, or unsafe return of any rental item, borrowed item, issued item, or other Club property assigned to me, used by me, used by my guests, used by minors under my care, or charged to my account.

The Club may determine reasonable repair, cleaning, sanitation, replacement, labor, lost-use, administrative, and collection costs based on posted fee schedules, vendor invoices, comparable replacement costs, staff time, and the Club’s reasonable business judgment.

The Club may charge my account or payment method on file for repair, replacement, cleaning, sanitation, labor, administrative costs, lost-use charges, collection costs, and related expenses. Payment of a deposit does not limit my responsibility unless expressly stated in writing by the Club.

30. Suspension, Removal, and Termination

The Club may deny entry, remove a person from the property, suspend privileges, revoke guest access, restrict reservations, terminate membership, cancel reservations, or refuse rentals for any reason related to safety, nonpayment, misconduct, rule violations, intoxication, harassment, property damage, unauthorized use, repeated no-shows, abuse of staff, or conduct deemed harmful to the Club.

Membership termination for misconduct, nonpayment, or rule violations does not automatically entitle the member to a refund.

If the Club terminates a membership for reasons other than misconduct, nonpayment, rule violations, or safety concerns, the Club will refund the unused, pro-rated portion of prepaid dues for the current term.

31. No Transfer or Resale

Memberships, guest passes, reservations, rentals, wristbands, access privileges, discounts, and account access may not be transferred, resold, assigned, shared, or used by another person unless expressly allowed by Club policy.

Unauthorized sharing or resale may result in suspension or termination.

32. Compliance with Laws and Rules

I agree to comply with all applicable laws, ordinances, health rules, alcohol laws, beach rules, pool rules, parking rules, fire codes, capacity limits, and Club policies.

I understand that the Club may be required to comply with government orders, inspections, health rules, law enforcement requests, weather advisories, emergency directives, or insurance requirements.

33. Severability

If any part of this Agreement is found invalid, unenforceable, or overly broad, the remaining parts shall remain in effect to the fullest extent permitted by law.

Any invalid or overly broad provision should be interpreted, modified, or narrowed to make it enforceable to the fullest extent permitted by law.

34. Governing Law and Venue

This Agreement shall be governed by the laws of the State of North Carolina.

Any dispute arising out of or related to this Agreement, membership, Club access, rental activity, or use of the facilities shall be brought exclusively in the state courts located in Dare County, North Carolina, or in the United States District Court for the Eastern District of North Carolina, unless otherwise required by law.

35. Entire Agreement

This Agreement, together with all incorporated membership agreements, posted rules, membership descriptions, seasonal terms, rental terms, event terms, CourtReserve acknowledgments, invoices, website disclosures, email notices, and Club policies, forms the agreement between me and VBC Nags Head LLC d/b/a Village Beach Club regarding my membership, account, rentals, reservations, guest access, and use of the Club.

If there is a conflict between verbal statements and written Club policies, the written policies control.

36. Acknowledgment of Understanding

I acknowledge that I have read this Agreement, understand it, and agree to be bound by it.

I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR INJURIES CAUSED BY THEIR ORDINARY NEGLIGENCE, AND THAT I AM AGREEING TO INDEMNIFY THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW.

I understand that this Agreement applies to me, my guests, my family members, minors under my care, and anyone using my membership, account, reservation, or rental privileges.

I sign this Agreement voluntarily.

I confirm that I am at least 18 years of age and legally competent to sign this Agreement. I agree that this Agreement may be signed and stored electronically, including through CourtReserve, and that my electronic signature, checkbox acceptance, or online acknowledgment has the same effect as a handwritten signature under the North Carolina Uniform Electronic Transactions Act.

Acknowledgment and Acceptance

NOTICE OF BUYER’S RIGHT TO CANCEL (PREPAID MEMBERSHIPS): YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS CONTRACT. TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE YOU ACCEPT THIS AGREEMENT, AS SHOWN ON YOUR CONFIRMATION. Send written notice to VBC Nags Head LLC d/b/a Village Beach Club, 5805 S. Seachase Drive, Nags Head, NC 27959, or by email to management@vbcobx.com.

I acknowledge that I have received and read this Village Beach Club Membership Terms, Rules, Assumption of Risk, Release of Liability, Rental Agreement, and Waiver, and I agree to be bound by it, including Section 3 (Release of Liability), Section 4 (Indemnification), and Section 22 (Automatic Renewal). If I am accepting on behalf of a minor, I confirm that I am the minor’s parent or legal guardian.