Terms and Conditions

The Esports Institute, Inc., dba Esporterz Version 1.0 ·
Last updated: 8/25/26

Introduction

These Terms and Conditions ("Terms") govern your use of www.esporterz.com (the "Website"), our online booking system, and your purchase of programs, classes, memberships, camps, events, and services from The Esports Institute, Inc., doing business as Esporterz ("Esporterz," "we," "us," or "our").

By using the Website, booking a program, or purchasing any Service, you agree to these Terms. If you do not agree, please discontinue use of the Website.

1. Definitions

Account: the personal information, payment information, and credentials used to book Services or manage a membership.

Content: all text, graphics, images, audio, video, software, data compilations, page layout, and underlying code appearing on the Website.

Participant: any individual who attends or takes part in a Service, whether or not that individual is the purchaser.

Premises: our place of business at 586 Magnolia Avenue, Larkspur, CA 94939, and any other location where we provide Services.

Services: all programs and offerings provided by Esporterz, including esports teams and leagues, Minecraft and Roblox teams, coding, robotics and AI classes, camps, birthday parties and private events, hourly gaming reservations, memberships, private coaching, and online or remote instruction.

You: the person accepting these Terms. Where a Participant is under 18, "you" means the parent or legal guardian who books the Service and accepts these Terms on that minor's behalf.

2. Eligibility and Minors

2.1 The Website and booking system are intended for use by adults. Persons under 18 may use them only with the involvement and supervision of a parent or legal guardian.

2.2 All bookings and payments for Participants under 18 must be made by a parent or legal guardian, who accepts these Terms on the minor's behalf and represents that they have legal authority to do so.

2.3 We do not knowingly collect personal information directly from children under 13 through the Website. If you believe a child under 13 has provided us personal information, contact us at info@esporterz.com and we will delete it. See our Privacy Policy.

2.4 By enrolling a minor, you agree to complete the Participant Agreement and to disclose any medical condition, allergy, medication, accommodation need, or behavioral consideration relevant to their safe participation.

3. Bookings and Acceptance

3.1 Listings on the Website are invitations to book, not contractual offers. Your booking is an offer that we may accept or decline at our discretion.

3.2 A binding contract is formed when we send you a confirmation email identifying the Service booked, the price, and the relevant dates and times.

3.3 If we decline a booking, no payment will be taken; any sums already collected will be refunded within ten (10) business days.

3.4 Certain Services carry additional program-specific terms presented at the time of booking. Those terms control over these Terms where they conflict.

4. Pricing and Payment

4.1 Prices are in U.S. dollars and are correct at the time of publication. We may change prices and add or withdraw promotions at any time. The price in effect when you book will apply to that booking.

4.2 Instructional services are generally not subject to California sales tax. Where sales tax applies — for example on merchandise — it will be itemized at checkout.

4.3 Payment is processed by our third-party payment processor. We do not store full payment card details on our systems. Your use of the payment process is also subject to that processor's terms.

4.4 Recurring charges. Team memberships bill automatically on a recurring monthly basis to the payment method on file until cancelled in accordance with Section 5. By purchasing a membership, you authorize these charges. Renewal terms, the amount, and the cancellation method are disclosed to you before purchase and confirmed by email after purchase.

4.5 Failed payments. If a payment fails, we may suspend access to the Service until it is resolved. You remain responsible for amounts accrued.

5. Memberships, Cancellations, and Refunds

5.1 Competitive esports team memberships. Team enrollment requires a minimum initial commitment of three (3) months. After the initial term, memberships renew monthly until cancelled. To cancel, email info@esporterz.com at least thirty (30) days before your next billing date. Cancellation takes effect at the end of the notice period.

5.2 Season commitment. We ask that players remain enrolled through the end of an active competitive season so teams are not left short of players. This is a request, not an obligation beyond the notice period in 5.1.

5.3 Camps. Camp registrations are subject to the cancellation policy stated at the time of registration. Transfers and vouchers will not be issued once a session has begun, and no refunds are issued for absence due to injury or illness.

5.4 Camp vouchers. Where issued, camp vouchers are valid for Esporterz camps ONE year from the issue date and are transferable only to immediate family members.

5.5 Parties and private events. Deposits, cancellation deadlines, and rescheduling terms are set out in your event agreement, which controls over this Section.

5.6 Hourly gaming reservations. Reservations may be cancelled or rescheduled through your booking confirmation link up to 24 hours before the reserved time.

5.7 Cancellation by us. We may cancel or reschedule a Service due to insufficient enrollment, instructor unavailability, facility issues, weather, public health requirements, or other circumstances beyond our reasonable control. You may elect a credit or a refund of amounts paid for the cancelled portion.

5.8 Removal for conduct. If a Participant is removed from a program under the Code of Conduct, no refund is issued for the remainder of that program.

6. Code of Conduct

6.1 Participants and visitors must follow all posted rules and all instructions from Esporterz staff while on the Premises or participating in any Service.

6.2 The following are prohibited and may result in immediate removal without refund: harassment, bullying, discriminatory or abusive language or conduct; threats or violence; damage to or misuse of equipment; possession or use of alcohol, cannabis, tobacco, vaping products, or illegal drugs; weapons; and any conduct that endangers or disrupts others.

6.3 Parents and guardians are responsible for the conduct of their minor children on the Premises and for any damage they cause.

6.4 We may refuse service and exclude any person from the Premises where we believe it necessary for the safety or wellbeing of participants or staff.

7. Photography and Likeness

7.1 We photograph and record activities at our Premises and events for instructional, promotional, and social media purposes.

7.2 Consent for a Participant under 18 is given by a parent or guardian through the Media and Likeness Consent in the registration form. Consent is optional and declining does not affect enrollment.

7.3 You may withdraw consent at any time by writing to media@esporterz.com. We will stop using the image in new materials and remove it from our website and our own social media accounts where reasonably practicable. We cannot recall printed materials already distributed or content already shared by others.

7.4 We do not publish a minor's full name alongside their image, tag minors by name on social media, or disclose a Participant's school or neighborhood in public-facing content.

8. Online Communications and User Content

8.1 When using any chat, forum, comment, or messaging feature we provide, you must not: use obscene, vulgar, abusive, threatening, harassing, defamatory, or discriminatory language; post unlawful content; promote or incite violence; impersonate any person, including Esporterz staff; or use our systems for spam or unauthorized mass communication.

8.2 We may monitor, retain, and remove communications made through our systems, and may suspend access for violations of this Section.

8.3 You retain ownership of content you submit. You grant us a non-exclusive, royalty-free license to use, store, and display that content as reasonably necessary to operate the Website and provide the Services.

9. Intellectual Property

9.1 All Content on the Website, other than content submitted by users, is owned by Esporterz or our licensors and protected by United States and international copyright, trademark, and other intellectual property laws.

9.2 You may not reproduce, copy, distribute, store, or otherwise reuse Content without our prior written permission, except as permitted under the fair use doctrine of the U.S. Copyright Act (17 U.S.C. § 107) or other applicable law.

9.3 Third-party trademarks, game titles, and product images appearing on the Website belong to their respective owners and are used for identification only. Their appearance does not imply affiliation or endorsement.

9.4 Curriculum, lesson materials, and instructional content provided as part of the Services are for the personal use of enrolled Participants and may not be reproduced or distributed.

10. Links

10.1 The Website may link to third-party sites. We do not control those sites, assume no responsibility for their content, and do not endorse them by linking.

10.2 You may link to our homepage without permission. Framing, or presenting our Content as your own, is not permitted.

11. Privacy

Your use of the Website is also governed by our Privacy Policy, incorporated here by reference.

12. Assumption of Risk

12.1 Participation in Services involves inherent risks, including physical injury, repetitive strain, photosensitive seizures, allergic reaction, and exposure to communicable illness.

12.2 These risks, along with the release, indemnification, and emergency medical provisions that apply to participation, are set out in the Participant Agreement, Waiver and Release, which must be completed before participation.

13. Disclaimers

13.1 The Website is provided "as is" and "as available." We do not warrant that it will be uninterrupted, error-free, secure, or free of viruses, or that all information on it is accurate or current.

13.2 We make no guarantee of any particular outcome, skill level, competitive result, academic benefit, or placement opportunity from participation in any Service.

13.3 Nothing on the Website constitutes professional, educational, medical, or legal advice.

13.4 To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

14.1 To the maximum extent permitted by California law, Esporterz and its officers, directors, employees, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits or lost data, arising from your use of the Website or the Services.

14.2 To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or your use of the Website shall not exceed the greater of (a) the amount you paid to Esporterz for the Service giving rise to the claim in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

14.3 Nothing in these Terms limits or excludes liability for gross negligence, recklessness, willful or intentional misconduct, fraud, violation of law, or any other liability that may not be limited or excluded under California law.

15. Indemnification

You agree to indemnify and hold harmless Esporterz and its officers, directors, employees, and agents from any claims, damages, losses, and reasonable attorneys' fees arising out of your breach of these Terms, your violation of law, or the conduct of any Participant you have enrolled — except to the extent arising from Esporterz's own gross negligence or willful misconduct.

16. Changes to These Terms

We may update these Terms. The version number and date above will reflect any change. Material changes affecting Services you have already purchased will be communicated by email and will not apply retroactively to those purchases. Continued use of the Website after changes take effect constitutes acceptance.

17. Dispute Resolution

The parties will first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation. If unresolved within thirty (30) days, the parties will attempt mediation before a mutually agreed mediator in Marin County, California, with the costs of the mediator shared equally. If mediation does not resolve the dispute, or if either party declines to mediate, any claim shall be brought exclusively in the state or federal courts located in Marin County, California, and the parties consent to the personal jurisdiction of those courts.

Nothing in this Section prevents either party from bringing a claim in small claims court.

18. Governing Law

These Terms and any dispute arising from them are governed by the laws of the State of California, without regard to its conflict of laws principles.

19. General

19.1 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in full force.

19.2 No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

19.3 Entire agreement. These Terms, together with the Privacy Policy, the Participant Agreement, and any program-specific terms, constitute the entire agreement between you and Esporterz regarding the Website and Services, and supersede all prior versions.

19.4 Interpretation. These Terms will not be construed for or against either party on the basis of who drafted them.

19.5 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

19.6 No third-party beneficiaries. These Terms create no rights in any third party.

19.7 Force majeure. We are not liable for failure to perform due to causes beyond our reasonable control, including natural disaster, fire, power or network failure, public health orders, or government action.

20. Contact

The Esports Institute, Inc., dba Esporterz 586 Magnolia Avenue Larkspur, CA 94939 (415) 570-9991 info@esporterz.com

Notices to us must be sent by email to info@esporterz.com or by mail to the Premises. Email notices sent on a business day are deemed received that day; those sent on a weekend or holiday are deemed received the next business day. Mailed notices are deemed received three (3) business days after posting.