TERMS OF USE

Wellington Green Recreation Association ("WGRA") Last updated: [DATE]

1. Agreement to these terms

These Terms of Use ("Terms") are an agreement between you and Wellington Green Recreation Association, a South Carolina nonprofit corporation ("WGRA," "we," "us," or "our"). They apply when you visit wgra.org, create a member account, pay dues or fees, register for programs, rent our facilities, or use our pool, grounds, and clubhouse (together, the "Services").

By using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

If you are registering on behalf of a household, you accept these Terms for yourself and for every member of your household, including minors in your care.

2. Changes to these terms

We may update these Terms as our operations change or as the law requires. The updated version takes effect as soon as it is posted, and the "Last updated" date will change. For material changes we will post a notice on the website or email members directly. Continuing to use the Services after an update means you accept the revised Terms.

3. Eligibility and your account

You must be at least 18 to create an account, purchase a membership, or make a payment. Parents and guardians may register minors in their household.

You agree to give accurate and current information, to keep your login credentials confidential, and to tell us promptly if you believe your account has been used without your permission. You are responsible for activity that happens under your account.

We may suspend or close an account that contains false information, is used in violation of these Terms, or belongs to a member whose privileges have been suspended under our bylaws or facility rules.

4. Membership, dues, and assessments

WGRA is a membership association. Membership categories, dues, special assessments, voting rights, transfer rules, and the process for suspending or terminating membership are governed by WGRA's Articles of Incorporation, Bylaws, and any rules the Board adopts. Those documents control if anything in these Terms conflicts with them.

Key points:

• Membership is a license to use WGRA facilities under our rules. It is not an ownership interest in WGRA property and carries no equity value.
• Memberships are personal to the member household and may not be sold, transferred, shared, or lent, except as our bylaws expressly allow.
• Dues and assessments are set by the Board and may change from season to season.
• Membership does not guarantee that any specific facility, amenity, program, or schedule will be available. Facilities may close for maintenance, repairs, construction, weather, public health orders, staffing, or safety reasons.
• Paying dues does not guarantee renewal in a later season, and it does not entitle you to a refund if the facility closes. See our Refund Policy.

5. Payments and billing

Payments are processed by our third-party payment processor, Square, and, where applicable, through our membership platform, Wild Apricot. We do not store full payment card numbers. Your use of those services is also subject to their own terms and privacy policies.

By submitting a payment you authorize us to charge the payment method you provide for the amount shown at checkout, plus any applicable taxes or processing fees.

If a payment is declined, reversed, or returned unpaid, we may suspend access to the Services until the balance is cleared, and we may charge [a returned-payment fee of $____ / any fee our bank charges us].

Dues and fees are due by the dates the Board publishes. Accounts more than [30] days past due may be suspended, and continued nonpayment may result in termination of membership under our bylaws.

6. Refunds

Refunds are governed by our Refund Policy, which is part of these Terms. In short: membership dues and assessments are non-refundable once the season begins, and other fees follow the schedule set out in that policy.

7. Facility rules, conduct, and guests

Everyone using WGRA facilities must follow the rules posted at the facility and published on our website, along with any direction from lifeguards, staff, and Board members. Rules may change during the season.

You agree not to:

• Enter the facility when it is closed or when no lifeguard is on duty, if lifeguard supervision is required
• Prop open, jump, or otherwise bypass gates, fences, or locks, or let non-members in
• Bring glass containers, weapons, or illegal substances onto the property
• Behave in a way that threatens the safety, health, or reasonable enjoyment of others, including harassment, fighting, or disorderly conduct
• Damage, remove, or misuse WGRA property or equipment

Guests must be registered and accompanied by a member in good standing, and the member is responsible for their guests' conduct and any damage they cause. Guest fees and limits are set by the Board.

Children. Children under [__] must be accompanied by a responsible adult at all times. Lifeguards, when present, watch for emergencies; they are not babysitters and do not replace parental supervision.

Violating these rules may result in removal from the property and suspension or termination of membership under our bylaws, without a refund.

8. Assumption of risk and release

[ATTORNEY REVIEW REQUIRED — this section carries the most legal weight and South Carolina law limits what a release can cover, especially for minors. Have counsel review before posting, and keep using your signed waiver forms; an online notice is not a substitute for one.]

Swimming, diving, recreational play, and use of a pool, deck, playground, and grounds involve inherent risks, including drowning, serious injury, permanent disability, and death. These risks cannot be eliminated no matter how carefully the facility is operated.

By using WGRA facilities, you acknowledge those risks and accept them voluntarily for yourself, your household members, your minor children, and your guests. You agree to use the facilities at your own risk and to follow all posted rules and staff instructions.

To the fullest extent permitted by South Carolina law, you release WGRA, its Board members, officers, employees, volunteers, and agents from claims for injury, illness, death, or property loss arising from your use of the facilities, except for claims arising from gross negligence or willful misconduct.

WGRA is not responsible for personal property that is lost, stolen, or damaged on our property.

9. Rentals and private events

Facility rentals are subject to availability, Board approval, a signed rental agreement, and any deposit, insurance, supervision, or lifeguard requirements we set. The signed rental agreement controls if it conflicts with these Terms. Renters are responsible for their guests and for the cost of any damage or extra cleaning. Rental cancellations and refunds follow our Refund Policy.

10. Photography and media

WGRA and its members may take photos and video at the facility and at WGRA events, and we may use those images in our newsletters, website, social media, and fundraising materials.

If you do not want you or your children to appear in WGRA materials, email us at wgranews@gmail.com and we will make reasonable efforts to honor your request. We cannot control photos taken and shared by other members or guests.

[BOARD DECISION: confirm whether you want an opt-out (as written) or an opt-in for images of minors. Opt-in is more conservative for a facility serving children.]

11. Website use and member content

You may use our website for its intended purpose. You agree not to attempt to gain unauthorized access to any part of the site or member data, scrape or harvest member information, upload malicious code, misuse the member directory for commercial solicitation, or interfere with the site's operation.

If you post content on our site or forums — comments, photos, event listings — you keep ownership of it and you grant WGRA a non-exclusive, royalty-free license to display and use it in connection with our Services and communications. You are responsible for what you post, and you confirm you have the right to post it. We may remove content at our discretion.

12. Intellectual property

The WGRA name, logo, Gators swim team marks, website content, photographs, and documents are owned by WGRA or used with permission and are protected by copyright and trademark law. You may not copy, distribute, or use them for commercial purposes without our written permission. Members may share our public content for personal, non-commercial community purposes.

13. Third-party services and links

Our Services rely on third-party providers, including Wild Apricot, Square, and social media platforms, and our site may link to sites we do not control. We are not responsible for the content, security, or practices of those third parties. Your dealings with them are between you and them.

14. Communications

By giving us your email address or phone number, you agree that we may send you notices about your membership, payments, facility operations, safety, and Association business. These are not marketing messages and you cannot opt out of them while you are a member. You may opt out of marketing and promotional messages at any time as described in our Privacy Policy.

Notices we send to the email address on file are considered delivered. Keep your contact information current.

15. Disclaimers

The Services and facilities are provided "as is" and "as available." To the fullest extent permitted by law, WGRA disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted or error-free, or that any facility, program, or schedule will be available at any given time.

16. Limitation of liability

To the fullest extent permitted by South Carolina law, WGRA and its Board members, officers, employees, and volunteers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services.

Where liability cannot be excluded, our total liability to you for any claim is limited to the amount of dues and fees you paid to WGRA in the [12] months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

17. Indemnification

You agree to indemnify and hold harmless WGRA, its Board members, officers, employees, and volunteers from claims, damages, and reasonable attorneys' fees arising from your use of the Services, your breach of these Terms or our facility rules, or the conduct of your household members and guests.

18. Suspension and termination

We may suspend or terminate your access to the Services and to WGRA facilities for nonpayment, for violating these Terms or the facility rules, or as otherwise provided in our bylaws. Membership terminated for cause is not refunded. Sections that by their nature should survive — including assumption of risk, disclaimers, limitation of liability, indemnification, and dispute resolution — survive termination.

19. Governing law and disputes

These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Greenville County, South Carolina, and you consent to the jurisdiction of those courts.

Before filing anything, please contact us at wgranews@gmail.com so we can try to resolve the issue directly. Most member disputes are resolved through the process in our bylaws.

[BOARD DECISION: some associations add a mandatory arbitration and class-action waiver clause here. It has real tradeoffs for a small volunteer nonprofit. Ask counsel whether it is worth adding.]

20. General

If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign your rights under these Terms; we may assign ours in connection with a merger or transfer of our operations. These Terms, together with our Privacy Policy, Refund Policy, bylaws, facility rules, and any signed waiver or rental agreement, are the entire agreement between you and WGRA regarding the Services.

21. Contact us

Wellington Green Recreation Association 105 Bridgeport Drive Greenville, SC 29615 United States Phone: (864) 292-2794 Email: wgranews@gmail.com