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NICK ALDIERO BASKETBALL LLC

COMMITTED PLAYER PROGRAM
ENROLLMENT AGREEMENT & TERMS
Nick Aldiero Basketball LLC (“Company”)

This Enrollment Agreement (“Agreement”) is made by and between Nick Aldiero Basketball LLC (“Company”) and the undersigned Parent/Guardian (“Client”) regarding the participation of the minor Athlete named below (“Athlete”) in the Committed Player Program (“Program”).

Client acknowledges they are entering into a legally binding contract.


1. PROGRAM DESCRIPTION & ACCESS
The Committed Player Program is a year-long basketball training membership that provides Athlete with access to group training opportunities for twelve (12) consecutive months (“Program Term”).

Client understands and agrees that:

This is an access-based membership, not a per-session package or pay-per-class product.
Enrollment provides Athlete with the opportunity to attend available training sessions during the Program Term, subject to Program capacity and scheduling, but does not guarantee any specific number of sessions, days, times, locations, coaches, or training groups.

Company may modify training days, times, locations, coaches, and curriculum as needed, provided that reasonable training opportunities continue to be offered during the Program Term.

Payment is for access to the Program, not for a guaranteed number of attended sessions, a particular schedule, or any specific result.


2. NO REFUNDS • NO CREDITS • NO MAKE-UPS • NO TRANSFERS (ZERO EXCEPTIONS)
All payments are final and non-refundable.

There are no refunds, no credits, no prorated refunds, no reversals, no transfers, no make-ups, or fee adjustments for any reason, whether foreseeable or unforeseeable.

This policy applies to any circumstance, including but not limited to:

  • injury, illness or mental health issues
  • scheduling conflicts with school, teams, AAU, clubs, or other activities
  • family matters including divorce, custody, or other family changes
  • travel, vacations, relocation, or moving
  • weather or facility issues
  • changes in schedule, location, or coaching staff
  • interpersonal issues, disputes, comfort concerns, or allegations involving other participants, parents, or coaches
  • emergency
  • Or any other reason


3. NO PAUSES • NO FREEZES • NO EXTENSIONS (ZERO EXCEPTIONS)
The Program Term is twelve (12) consecutive months beginning on the Start Date (date of initial payment) and ending twelve (12) months later (“End Date”).

The Program Term cannot be paused, frozen, extended, carried over, or otherwise modified for any reason, whether foreseeable or unforeseeable.

This applies to any circumstance, including but not limited to:

  • injury, illness or mental health issues
  • scheduling conflicts with school, teams, AAU, clubs, or other activities
  • family matters including divorce, custody, or other family changes
  • travel, vacations, relocation, or moving
  • weather or facility issues
  • changes in program schedule, location, or coaching staff
  • interpersonal issues, disputes, comfort concerns, or allegations involving other participants, parents, or coaches
  • emergency
  • Or any other reason 
  • Time not used during the Program Term is forfeited, not credited, refunded, or extended.


4. ATTENDANCE RESPONSIBILITY
Client is solely responsible for managing attendance, schedules, transportation, and participation. Missed sessions do not entitle Client to any refund, credit, make-up, or extension.


5. CONDUCT (ATHLETE AND PARENT/GUARDIAN)
Unsafe, disruptive, or inappropriate conduct by Athlete or Parent/Guardian may result in removal from sessions or termination of participation, at Company’s sole discretion. Termination due to conduct does not entitle Client to any refund, credit, or extension.


6. PAYMENT & FINANCIAL RESPONSIBILITY
The total Program fee is $5,400 for twelve (12) months of access.

Client is personally responsible for the full Program fee regardless of:

  • attendance
  • satisfaction or perceived value
  • schedule changes
  • changes in financial circumstances
  • changes in family priorities
  • Athlete’s interest or motivation
  • any other circumstance to the maximum extent permitted by applicable law for economic and contractual matters
  • If third-party financing is used (Affirm, Klarna, Afterpay, PayPal, Stripe, etc.), any issue or dispute with the financing provider does not alter Client’s obligation to Company.

Client personally guarantees full payment of the Program fee.


7. NO GUARANTEE OF RESULTS
Company does not guarantee improvement or any specific outcome. Results will vary based on a players work ethic inside the program. Dissatisfaction with results does not entitle Client to any refund, credit, or extension.


8. NO CHARGEBACKS / PAYMENT DISPUTES
Client agrees not to initiate chargebacks, reversals, or payment disputes with any financial institution or payment platform.

Attempting a chargeback or payment dispute is a breach of this Agreement.

In the event of any chargeback or dispute, Client remains responsible for:

  • the full $5,400 Program fee
  • $1,500 liquidated damages
  • all collection costs, reasonable attorney’s fees, arbitration or court fees, chargeback fees, and any processing fees
  • Client agrees that these amounts are a reasonable pre-estimate of damages and not a penalty, and reflect anticipated harm, not punishment.


9. ARBITRATION
Any dispute shall be resolved exclusively by final and binding arbitration before a single arbitrator in Monmouth County, New Jersey, administered by the American Arbitration Association (AAA). Client waives any right to a jury trial.


10. CLASS ACTION WAIVER
Client must bring any claim on an individual basis only. No class, collective, or representative actions are permitted.


11. ATTORNEY’S FEES & COLLECTIONS / ACCELERATION
If Company must enforce this Agreement, respond to a dispute, or pursue collections, the prevailing party shall recover reasonable attorney’s fees and costs.

Upon any missed or declined payment, the remaining balance of the Program fee becomes immediately due and payable, and Company may pursue collection of the entire amount at once.


12. ASSUMPTION OF RISK
Basketball involves inherent risks. Client voluntarily assumes all risks of participation and releases Company from liability to the fullest extent permitted by law.


13. NO ORAL MODIFICATIONS
No verbal statements, promises, assurances, or representations modify this Agreement. Any modification must be in writing and signed by Company.


14. NO RELIANCE
Client is not relying on any prior statements, advertisements, promises, testimonials, or representations regarding the Program, results, or outcomes.


15. ELECTRONIC NOTICE DELIVERY
Electronic delivery of communications, notices, scheduling updates, and legal notices via email or Program communication platform constitutes proper notice.

 

16. NON-DISPARAGEMENT / SOCIAL MEDIA Client agrees not to make, publish, or communicate any false, defamatory, or knowingly misleading statements about Company, its programs, coaches, staff, or owner, whether online (including social media, reviews, or messaging apps), in writing, or verbally.

Client acknowledges that such statements cause substantial and irreparable harm to Company. Upon any violation, Company may pursue immediate legal action and seek all available legal and equitable remedies, including, without limitation, injunctive relief, removal of harmful statements, compensatory damages, and recovery of attorneys’ fees and costs.

This provision is intended to protect Company’s reputation and business interests, is not intended as a penalty, and shall survive termination of Client’s participation in any program.

 
17. GOVERNING LAW & VENUE
This Agreement is governed by New Jersey law. Venue for arbitration or legal proceedings shall be exclusively in Monmouth County, New Jersey.


18. SURVIVAL
Sections 2, 3, 6, 8, 9, 10, 11, 13, 14, 15, 16, and 18 shall survive termination or expiration of this Agreement.


19. ELECTRONIC SIGNATURES
Electronic signatures, initials, and required checkboxes have the same legal effect as handwritten signatures under ESIGN, UETA, and New Jersey law.


20. ENTIRE AGREEMENT / SEVERABILITY
This is the entire agreement. If any provision is invalid, the remainder stays enforceable. No modification is valid unless in writing and signed by Company.


21. KEY TERMS SUMMARY & ACKNOWLEDGMENT
By Signing Up and/or checking the Terms & Conditions box on our check out page (your electronic signature), Client affirms all of the following:

  • Client is personally responsible for the full $5,400 Program fee
  • Client represents and warrants that they are the lawful parent or legal guardian of Athlete, have full authority to enter into this Agreement on behalf of Athlete, and assume full personal financial responsibility for all obligations herein without requiring consent or approval of any other individual
  • Client acknowledges these terms are common in year-long sports training programs and reasonably reflect the nature of the Program
  • Client understands enrollment is voluntary and had the opportunity to decline enrollment if they did not agree to these terms
  • Client may not bring any class action or jury trial
  • Client assumes all risks of participation
  • This is a 12-month commitment with no pauses, no freezes, no holds, and no extensions for any reason
  • There are no refunds, no credits, no make-ups, and no transfers for any reason
  • Payment is for access, not attendance, usage, or specific results
  • Client agrees not to initiate chargebacks or payment disputes for any reason
  • Client acknowledges they have had the opportunity to review this Agreement, ask questions, and seek independent legal counsel prior to signing, and fully understands and accepts all terms without exception
  • Client authorizes Company to provide this Agreement and Client’s information to collections agencies, which may report delinquent accounts to credit bureaus in accordance with applicable law
  • Client has read this entire Agreement and agrees to all terms