Effective Date: June 3, 2026 | Last Updated: June 3, 2026
By signing below or activating a listing, Host acknowledges having read, understood, and agreed to all terms herein, including significant limitations on Court Zapper's liability.
This Host Platform Agreement ("Agreement") is entered into between ME PUG LLC, a Utah limited liability company, doing business as Court Zapper ("Court Zapper"), and the undersigned Host. This Agreement incorporates by reference the Court Zapper General Terms of Service.
1. Definitions
- Platform: The Court Zapper mobile/web application, website, software, and all related services.
- Court: Any pickleball court, tennis court, or other recreational facility listed by Host.
- Renter: Any individual or entity that books or uses a Court through the Platform.
- Booking: A confirmed reservation by a Renter to use a Court for a specified date, time, and duration.
- Host Fee: The portion of the Rental Fee remitted to Host after deduction of Court Zapper's service fee.
2. Nature of Relationship — Broker Only
Court Zapper does not inspect, supervise, maintain, or guarantee the condition, safety, suitability, or legality of any Court. Nothing herein creates an employment, partnership, joint venture, franchise, or agency relationship.
3. Host Representations and Warranties
Host represents, warrants, and covenants that:
- Host has full legal right, title, authority, and permission to list and rent the Court, and such listing does not violate any law, HOA rule, deed restriction, lease, or permit requirement;
- The Court and all surrounding areas, structures, equipment, surfaces, nets, and fencing are and shall be maintained in a safe, sanitary, and functional condition at all times;
- Host shall comply with all applicable federal, state, and local laws, codes, and regulations, including safety codes and ADA requirements where applicable;
- Host is solely responsible for obtaining and maintaining appropriate insurance, including general liability and premises liability coverage;
- Host has disclosed all known defects, hazards, or conditions affecting the Court; and
- Host shall promptly update its Listing to reflect any changes to condition, availability, rules, or pricing.
4. Host Responsibilities
- Maintenance: Host is solely and exclusively responsible for the upkeep, repair, maintenance, inspection, and safety of the Court and all related equipment at all times — before, during, and after every Booking.
- Hazard Remediation: Host shall promptly remedy any dangerous or defective condition upon discovery. If unsafe, Host must immediately suspend the Listing until remedied.
- Disclosure: Host must clearly disclose in the Listing any known defects, surface irregularities, hazards, or conditions that could affect Renter safety.
- Rules & Access: Host is responsible for providing Renters with Court rules, access instructions, and required safety information.
- Taxes: Host is solely responsible for all applicable taxes and fees on rental income.
- Insurance: Host is strongly advised to maintain adequate general liability and premises liability insurance before listing any Court.
5. Fees and Payment
Court Zapper collects the full Rental Fee from Renters on behalf of Host and remits the Host Fee per the schedule communicated on the Platform. Court Zapper's service fee structure is subject to change upon notice. Court Zapper may suspend or modify payment processing in the event of suspected fraud, chargebacks, or Agreement violations.
6. Limitation of Court Zapper's Liability
To the maximum extent permitted by applicable law:
(A) Court Zapper shall not be liable to Host or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to this Agreement, the Platform, or any Booking, regardless of the theory of liability, even if advised of the possibility of such damages.
(B) Court Zapper's total cumulative liability to Host shall not exceed the total Host Fees paid to Host in the three (3) months immediately preceding the claim.
(C) Court Zapper expressly disclaims all liability for: (I) personal injury, death, or disability of any Renter, guest, or third party; (II) property damage arising from any Booking; (III) acts or omissions of any Renter or guest; (IV) any defect, hazard, or condition of the Court or surrounding area; and (V) any dispute between Host and Renter.
(D) Court Zapper provides the Platform on an "As Is" and "As Available" basis without warranties of any kind.
7. Indemnification by Host
Host agrees to defend, indemnify, and hold harmless Court Zapper and its members, managers, officers, employees, agents, successors, and assigns from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorneys' fees) arising out of or relating to:
- Host's listing, operation, or provision of any Court;
- Any personal injury, death, disability, or property damage occurring at or related to any Court;
- Host's breach of any representation, warranty, or obligation under this Agreement;
- Host's violation of any applicable law, regulation, or third-party right;
- Any dispute between Host and any Renter; or
- The negligence, gross negligence, recklessness, or intentional misconduct of Host or Host's guests, employees, or agents.
This indemnification obligation survives termination of this Agreement.
8. Insurance Acknowledgment
Host acknowledges that Court Zapper does not currently provide, maintain, or arrange any insurance coverage — including general liability, premises liability, property, umbrella, or excess coverage — for Host, Host's Courts, or any Booking. Host assumes all risk of uninsured or underinsured loss. Host is strongly advised to consult a licensed insurance professional and obtain appropriate coverage before listing any Court.
9. Term and Termination
This Agreement commences on the date last signed and continues until terminated by either Party upon written notice. Court Zapper may immediately suspend or terminate Host's access for any Agreement violation or for any reason in its sole discretion. Upon termination, Host shall fulfill all obligations owed to confirmed Renters.
10. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Utah. Disputes shall be resolved exclusively in state or federal courts in Salt Lake County, Utah. The prevailing party shall recover reasonable attorneys' fees and costs.
11. Miscellaneous
- Entire Agreement: This Agreement and the General Terms of Service constitute the entire agreement regarding Host's use of the Platform.
- Amendments: Court Zapper may update this Agreement upon notice. Continued use constitutes acceptance.
- Severability: If any provision is unenforceable, remaining provisions continue in full force.
- No Waiver: Failure to enforce any provision is not a waiver of future enforcement.
- Assignment: Host may not assign without Court Zapper's written consent. Court Zapper may assign freely.
- Electronic Signature: This Agreement may be signed electronically and shall be binding.