TERMS AND CONDITIONS

Last Updated: August 23, 2026

1. AGREEMENT TO TERMS

This Terms and Conditions agreement (the "Agreement") is a legally binding contract between you, whether personally or on behalf of an entity ("you"), and BADBOY TENNIS LLC ("Bad Boy Tennis," "we," "us," or "our"), concerning your access to and use of www.badboytennis.com and any related media form, media channel, mobile website, or mobile application (collectively, the "Site").

The Site offers apparel and accessories ("Products") and editorial content such as articles and lookbooks ("Content"). By accessing the Site, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must discontinue use of the Site immediately.

PLEASE READ SECTION 11 CAREFULLY. IT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. SECTION 11.7 EXPLAINS HOW TO OPT OUT.

Your purchase of Products is also governed by our Terms of Sale, Shipping Policy, and Return and Refund Policy. Your privacy is governed by our Privacy Policy and Cookie Policy. Each of these is incorporated into this Agreement by reference.

2. CHANGES TO THIS AGREEMENT

We may revise this Agreement at any time. Revisions take effect when posted, and we will update the "Last Updated" date above. For material changes, we will provide notice through the Site or by email where we have your address. Your continued use of the Site after a revision takes effect constitutes acceptance of the revised Agreement. Changes will not apply retroactively to a dispute of which we had notice before the change.

3. ELIGIBILITY

Accounts and purchases. You must be at least 18 years old to create an account, place an order, or otherwise enter into a transaction on the Site. By doing so, you represent that you are of legal age to form a binding contract.

Browsing. The Site is a general audience site and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you are between 13 and 17, you may browse the Site, but any purchase must be made by a parent or legal guardian using their own account and payment method.

Junior Ambassadors. Our Ambassador Program accepts a limited number of participants under 18. Participation requires a completed Junior Consent Form signed by a parent or legal guardian and is governed by our Ambassador Program Terms, not by this Section. A Junior Ambassador does not thereby gain the right to create an account or transact on the Site.

4. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and all Content are our proprietary property. This includes source code, databases, functionality, software, site design, audio, video, text, photographs, illustrations, and graphics (collectively, "Our Content"), together with the trademarks, service marks, trade dress, and logos contained on the Site, including BAD BOY TENNIS, BADBOY TENNIS, BBT, the BBT monogram, the Bad Boy Tennis crest, the John Deco character mark, and the Madison Ave script (collectively, the "Marks"). Our Content and the Marks are protected by copyright, trademark, and unfair competition laws of the United States and other jurisdictions.

Our Content and the Marks are provided for your information and personal, non-commercial use only. Except as expressly permitted in this Agreement, no part of the Site, Our Content, or the Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Our full policy on permitted and prohibited uses of the Marks is set out in our Brand and Intellectual Property Notice.

5. YOUR ACCOUNT

If you create an account, you agree that: all registration information you submit is true, accurate, current, and complete; you will maintain and promptly update that information; you have the legal capacity to comply with this Agreement; you will not access the Site through automated or non-human means; and your use of the Site will not violate any applicable law or regulation.

You are responsible for maintaining the confidentiality of your password and for all activity under your account. Notify us immediately at info@badboytennis.com if you suspect unauthorized use. We may remove, reclaim, or change a username if we determine in our reasonable discretion that it is inappropriate, obscene, infringing, or otherwise objectionable.

6. USER-GENERATED CONTENT

The Site may allow you to submit reviews, comments, photographs, video, or other material ("User-Generated Content").

You retain ownership of your User-Generated Content. By submitting it, you grant us a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display that content in any media, in connection with the operation, marketing, and promotion of Bad Boy Tennis and its Products.

You represent and warrant that you own or control all rights in your User-Generated Content, that it does not infringe the rights of any third party, that you have obtained any releases required from persons depicted, and that it is not unlawful, defamatory, obscene, or harassing.

We do not endorse and are not responsible for User-Generated Content. We may remove or refuse to publish any submission at our discretion. We do not condition any benefit on the content of a review, and we do not remove or suppress reviews because they are negative.

7. PROHIBITED ACTIVITIES

You may not use the Site for any purpose other than that for which we make it available. You agree not to:

● Systematically retrieve data or content from the Site to compile a collection, compilation, database, or directory without our written permission.

● Collect usernames or email addresses of users for the purpose of sending unsolicited communications.

● Use the Site to advertise or sell goods and services not affiliated with Bad Boy Tennis.

● Circumvent, disable, or interfere with security-related features of the Site.

● Engage in unauthorized framing of, or linking to, the Site.

● Trick, defraud, or mislead us or other users, including any attempt to obtain another user's account credentials.

● Submit false reports of abuse or misconduct, or misuse our customer support channels.

● Use any data mining, robots, scrapers, or similar automated data gathering or extraction tools.

● Interfere with, disrupt, or create an undue burden on the Site or connected networks.

● Upload or transmit viruses, Trojan horses, or other malicious code.

● Use information obtained from the Site to harass, abuse, or harm another person.

● Reverse engineer, decompile, or disassemble any software forming part of the Site.

● Harass, intimidate, or threaten our employees, agents, or fulfillment partners.

● Purchase Products for the purpose of unauthorized commercial resale.

● Use the Site in a manner inconsistent with any applicable law or regulation.

Nothing in this Agreement restricts your right to publish honest reviews, ratings, or commentary about Bad Boy Tennis, our Products, or our services.

8. THIRD PARTY WEBSITES AND CONTENT

The Site may contain links to third party websites, including social platforms and streaming services. We are not responsible for the content, accuracy, privacy practices, or policies of any third party site. Links are provided for convenience and do not imply endorsement. Access third party sites at your own risk and review their terms and privacy policies.

9. COPYRIGHT INFRINGEMENT AND DMCA

We respect the intellectual property rights of others. If you believe material on the Site infringes a copyright you own or control, please send a notice to our Designated Copyright Agent:

Designated Copyright Agent

David Ramos, Founder

BADBOY TENNIS LLC

12 East 86th Street, New York, NY 10028

Email: info@badboytennis.com

Subject line: DMCA Notice

Your notice must include the elements required by 17 U.S.C. Section 512(c)(3). Our complete procedure, including counter-notification, is set out in our DMCA Takedown Policy. Under our repeat infringer policy, we may terminate the accounts of users who repeatedly infringe.

10. MODIFICATIONS, INTERRUPTIONS, AND TERMINATION

We reserve the right to change, modify, or remove Site content at any time without notice, and to modify or discontinue all or part of the Site. We will not be liable for any modification, price change, suspension, or discontinuance.

We cannot guarantee the Site will be available at all times. Hardware, software, maintenance, or third party issues may cause interruptions, delays, or errors.

We may, in our sole discretion and without notice or liability, deny access to the Site, terminate your account, and remove any content you have submitted, for any reason including breach of this Agreement. Sections 4, 6, 12, 13, 14, 15, and 16 survive termination.

11. DISPUTE RESOLUTION AND BINDING ARBITRATION

11.1 Informal Resolution First. Before initiating arbitration, you and we agree to attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement, the Site, or any Product (each, a "Dispute") informally for at least sixty (60) days. To begin, send written notice describing the Dispute and the relief sought to info@badboytennis.com with the subject line "Notice of Dispute," including your name, address, and order number. This informal process is a condition precedent to arbitration, and any applicable limitations period is tolled while it runs.

11.2 Agreement to Arbitrate. If the Dispute is not resolved informally, it will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Agreement. This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Section.

YOU AND WE ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY.

11.3 Arbitration Procedure. The arbitration may be conducted by document submission, telephone, videoconference, or in person. If an in person hearing is required, it will take place in New York County, New York, or, at your election, in the county where you reside. The arbitrator will issue a written decision and, on request of either party, a statement of reasons. The arbitrator may award any relief available in court to the individual party, including statutory damages and attorneys' fees where authorized by law, but may not award relief on behalf of anyone other than the individual parties.

11.4 Exceptions. Notwithstanding the above, either party may: (a) bring an individual action in small claims court for a Dispute within that court's jurisdiction; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights.

11.5 Class Action and Representative Action Waiver.YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and all other claims will proceed in arbitration.

11.6 Coordinated Filings. If twenty-five (25) or more similar demands for arbitration are filed against us by or with the assistance of the same law firm or coordinated group, the demands will be administered in sequential batches of no more than fifty (50), with a single arbitrator appointed per batch, and the parties will attempt in good faith to resolve remaining claims using the outcomes of each batch. Applicable limitations periods are tolled for demands awaiting a batch.

11.7 Your Right to Opt Out. You may opt out of this Section 11 by sending written notice within thirty (30) days of first accepting this Agreement to info@badboytennis.com with the subject line "Arbitration Opt-Out," including your name, address, and email. Opting out will not affect any other part of this Agreement or your relationship with us.

11.8 Severability and Survival. Except as stated in Section 11.5, if any part of this Section 11 is found unenforceable, the remainder will continue in effect. This Section survives termination of this Agreement.

11.9 Time Limit. To the extent permitted by applicable law, any Dispute must be brought within one (1) year after the claim arises, or it is permanently barred. This limitation does not apply where prohibited by law.

12. GOVERNING LAW

This Agreement and your use of the Site are governed by the laws of the State of New York, without regard to its conflict of law principles. For any Dispute not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York. Nothing in this Section deprives you of the protection of any mandatory consumer protection law of the jurisdiction in which you reside.

13. DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF SITE CONTENT OR THE CONTENT OF ANY LINKED SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT LIMITS ANY NON-WAIVABLE WARRANTY OR CONSUMER PROTECTION RIGHT AVAILABLE TO YOU UNDER APPLICABLE LAW.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR PRODUCTS IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless BADBOY TENNIS LLC and its affiliates, officers, agents, partners, and employees from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by a third party arising out of: (1) your User-Generated Content; (2) your use of the Site; (3) your breach of this Agreement; or (4) your violation of the rights of a third party, including intellectual property rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

16. FORCE MAJEURE

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, government action, utility or telecommunications failure, supply chain disruption, or carrier delay.

17. ELECTRONIC COMMUNICATIONS

By using the Site or providing your email address, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You may withdraw this consent by contacting us, though doing so may prevent you from using certain Site features.

18. MISCELLANEOUS

This Agreement, together with the policies incorporated by reference, constitutes the entire agreement between you and us regarding the Site. Our failure to enforce any right or provision is not a waiver of that right or provision. We may assign our rights and obligations at any time; you may not assign yours without our written consent. If any provision is held unlawful, void, or unenforceable, it is severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between us.

19. NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. CONTACT

BADBOY TENNIS LLC