League Services Agreement
This is an agreement for League Services between Football Mundial Ltd (“FML”, We, Us) the club and its members you represent ( “Your Club”) and any persons who are invited by Your Club to participate in any matches that Your Club plays (“Participants”). This agreement does not affect your statutory rights. Any reference to “Our” relates to FML and any reference to “Your” relates to Your Club. Any reference to the masculine includes the feminine.
1. YOU, YOUR CLUB AND YOUR RESPONSIBILITIES
1.1 You confirm that you are the manager and a member of Your Club and you are duly authorised to enter into this agreement on behalf of Your Club and its members and that you also accept personal legal responsibility for any failure of any member of Your Club and/or Participants to comply with it, in particular the payment of sums due under this agreement.
1.2 You confirm that your contact details are correct and that you will give notice in writing if they change and you agree that hereafter any communication to Your Club may be made through the email address and/or telephone number that you have provided and that if any notice is sent to this email address and/or a text message and/or voice or other message sent to this telephone number it will be deemed to have been received by Your Club (even if it has not been received) as follows:
1.2.1 on the day it was sent if sent before 6.00pm; or
1.2.2 on the following day if sent after 6.00pm.
1.3 You agree that any credit or debit card details given by you in order to pay for any services under this agreement can be stored by Us so that any payments due under this agreement which have not been paid by Your Club can be charged to that credit or debit card.
1.4 You and Your Club members and Participants must take out their own insurance to cover any accidents or injuries which occur while playing in the leagues as We do NOT provide any insurance for any accident or injury which may occur. You agree that you will inform the members of Your Club and Participants of this before allowing them to play any matches organised under this agreement.
1.5 You agree that you will provide to each member of Your Club and Participants a copy of this agreement and ensure that they have read, understood and agreed to its terms.
2. WHAT WE PROVIDE
2.1 In return for you making the required payment under this agreement, We provide bibs and footballs (if required) and organise a series of at least 10 fixtures with other clubs as well as the provision and updating of an online league table. We also deal with any matters arising from a breach of the League and Playing Rules as published on our website for example disciplinary matters with the FA. If you win any title/competition we also award a trophy which will be presented after the end of each season to the winning team (s) unless that team has not paid any sum due under this agreement.
2.2 We also arrange for a suitably qualified referee to attend Your Club’s matches. However, it is only the referee and not FML that provides the services of refereeing Your Club’s matches. Only the referee is responsible for any failure to provide refereeing services to you or Your Club, (unless it arises out of a breach of this agreement, for example, by FML failing to inform the referee of the time and venue of your match) and/or any act or omission on his part while refereeing Your Club’s matches and/or any other act or omission on his part.
3. CONDITIONS OF PARTICIPATION
3.1 When Your Club joins one of Our leagues whether by phone, internet or post (or any other manner) you and Your Club are forming a contract with Us for League Services subject to these terms.
3.2 Your Club, its members and Participants agree to abide by the League and Playing Rules as published on Our website and sent to you, the nominated manager upon entry and from time to time. We reserve the right and absolute discretion to amend these from time to time.
3.3 We will purchase a slot with the Football Association to register your Club.
3.4 Your Club shall always be automatically entered into a new league season at the expiry of the previous season unless notice of withdrawal has been served by you as manager of Your Club.
3.5 We reserve the right to refuse entry of any person, club, organisation or association from Our leagues and/or competitions without giving a reason; or exclude any person, club, organisation or association from Our leagues and/or competitions for breaches of these terms or of the League and Playing Rules or in respect of any misconduct whatsoever by its club, members, participants, supporters or associates of the same.
4. CLUB DEPOSIT
4.1 Your Club may be required to pay a refundable attendance deposit to enter Our leagues or competitions.
4.2 We may deduct any fees owing from Your Club’s deposit.
4.3 To ensure the deposit is fully refunded, ensure that all fees and compensation owing have been paid and that the withdrawal procedure as set out below is followed.
5. FEES
5.1 The League Services Fee (“LSF”) and number of fixtures (which will be at least 10) within the series of fixtures in the season for Your Club’s league will be notified to you by a confirmation email before We provide these services to you (“Your Confirmation Email”). Under this agreement Your Club is obliged to pay for all of the LSF for the entire series of ten or more LSF whether or not you make use of these services. The LSF is payable in advance for the whole series or for each fixture before it commences. The LSF is charged inclusive of any applicable VAT
5.2 After you receive the details of the rate, times, duration and venue of this series of fixtures in the season in Your Confirmation Email, you may either:
5.2. reply confirming that you wish to proceed or you can simply turn up to play. In either case, by doing so, you agree to be bound by the full terms and conditions of this agreement and Your Confirmation Email; or
5.2.2 If you or Your Club does not wish to proceed with this agreement you have the right to cancel this agreement by requesting our cancellation form or by simply replying to Your Confirmation Email stating that you wish to cancel but only in both cases if you do so 7 days before your first fixture. No other form of notice will be accepted by Us.
If you fail both to cancel and turn up to play you agree to be bound by the full terms and conditions of this agreement and Your Confirmation Email and will be liable to make all the payments as set out in Your Confirmation Email.
5.3 Your Club can pay the LSF in advance, or pay on the night in cash.
5.4 If the full LSF is not received before Your Club’s match, for any reason, We shall implement the ‘No Pay – No Result’ procedure. Furthermore, the full LSF will be deducted from any holding deposit We hold.
5.5 If Your Club is affected by the ‘No Pay – No Result’ procedure it shall have any goals (other than own goals) it scored removed and the result awarded to their opposition.
5.6 If Your Club pays their LSF by cheque which is then declined by the bank, it shall incur an additional £25 administration fee. This shall be detailed on Your Club account statement, the LSF shown as underpaid and the ‘No Pay – No Result’ procedure implemented.
5.7 Failure to pay fees shall be deemed a breach of competition rules and We reserve the right to remove Your Club from Our leagues and/or competitions.
5.8 You are responsible for Your Club’s underpayments and LSF arrears. Any monies owed which are not covered by Your Club deposit shall be collected via the credit or debit card details held on file from previous transactions with Us. This may be done at any time after the event in question, usually the next day. Also, monies may be collected from Your Club by Us or an appointed agency.
5.9 If Your Club leaves one of Our leagues and/or competitions with arrears greater than the original deposit Your Club and its members and/or Participants may be banned from the FA.
5.10 We reserve the right to withhold any trophies or medals from Your Club if it has monies owing to FML from debt accrued throughout any season(s).
5.11 If Your Club has not registered the minimum number of players that is 6 players it may be charged a £2 per match surcharge. This surcharge can be avoided at any time by registering players online, by post or by phone.
5.12 The LSF does not include any referee’s fee for the services of refereeing Your Club’s matches. These services are provided directly to Your Club by the referee and not on behalf of or through FML. The LSF does, however, include a small charge for organising the attendance of a referee to referee Your Club’s match at the time of Your Club’s fixtures.
6. ABSENCES
6.1 If Your Club is absent for a fixture without giving proper notice the opposition shall be awarded the match.
6.2 Your Club is deemed to be absent if:
6.2.1 it does not ensure that enough players turn up to play on time. A period of 5 minutes grace after the time fixed for the match will be allowed. For example, if a match is due to start at 7pm and Your Club does not ensure that enough players are ready to play by 7.05pm Your Club is deemed to be absent even though a match may take place between Your Club and the opposition club after this time.
6.3 If Your Club is absent no supply or sale is made. However, Your Club hereby agrees that it will pay compensation for breach of this agreement. This sum will be an amount equal to double the LSF plus £25. Your Club agrees that this is a genuine pre-estimate of Our loss and is payable by noon the following day. Failure to pay may result in deduction from the attendance deposit or payment being taken from the credit or debit card, the details of which you have allowed us to store for the purposes of payment under this agreement.
6.4 If Your Club gives proper notice, it is agreed that the compensation payment will be reduced by £25. Proper notice requires Your Club to register the absence by phone or online 72 hours before your scheduled Fixture. This must be accompanied by payment of the reduced compensation. This discount reflects the benefits to FML of being informed of absences in advance.
7. LEAVING PROCEDURE
7.1 Your Club can only leave the league structure at the end of a published season.
7.2 To withdraw from the league Your Club through you as Your Club manager must give at least four (4) weeks notice before the end of that current published season. If no such notice is received You, as club manager and your team shall be automatically entered for the following season and the same league rules shall apply.
7.3 Your Club must then fulfil the remainder of that season’s fixtures, and shall be withdrawn before the new season commences. They may continue to use any pitch hire bookings outside the league structure to the extent that these were made under a separate contractual agreement.
7.4 Your Club can only withdraw via phone on 01937 841440. This is so that the final position can be discussed and agreed.
7.5 If Your Club leaves the league without the four (4) weeks notice or before the end of a season, Your Club shall forfeit Your Club deposit (if applicable). Four weeks LSF will remain payable in full, in addition to the 4 weeks of the opponents LSF as well. If Your Club is removed for bad behaviour or disciplinary reasons, the deposit is strictly non-returnable.
7.6 If Your Club leaves with monies owed to FML greater than Your Club’s original deposit, it shall have those arrears collected by Us or an appointed agency and Your Club and its members may also be banned from all sanctioned sport by the FA. You shall be wholly responsible for these monies on behalf of Your Club.
7.7 You consent on your own behalf and on behalf of the members of Your Club that if outstanding monies for Your Club remain unpaid fourteen days after leaving the league, We have permission to collect the fees owing from the credit or debit card details held on file from previous transactions with Us.
7.8 If Your Club leaves the league following the correct procedures as stated above, the deposit, (minus any LSF underpayments deducted, if applicable), shall be returned via bank transfer.
7.9 The payment shall be made to the registered Club manager at the time of withdrawal.
8. HEALTH & SAFETY
8.1 All members of Your Club and Participants understand and agree that these events are contact sports and contain an element of risk of injury, loss and damage to the person participating.
8.2 We take care to select suitably qualified referees but all Your Club members and Participants agree and understand that We do not own or have exclusive occupation of premises used for Your Club’s matches (other than the pitches) and have little or no control in respect of persons admitted to premises (including adjacent sports pitches and surrounding perimeters) during play and have little or no control as to how premises are used and left before and / or after play.
8.3 You, as manager of Your Club, are responsible for ensuring that you do not allow Your Club members and/or Participants to start using the pitch until and unless satisfied that the surface and other conditions are safe for the activity in question having due regard to the characteristics of Your Club members and Participants.
8.4 For safety reasons, you, as Club Manager, must not permit your Club to play a match fixture if the referee does not attend to referee any match, unless another suitably qualified referee is available to do so. If this rule is breached and both teams agree to a league fixture FML accepts no responsibility.
8.5 You, your Club members and Participants must report to the referee and Us at the earliest opportunity any perceived dangers, violence (or threats of the same), or any other misconduct of whatever type.
9. LIABILITY/BREACH
9.1 We shall provide Our services under this agreement with reasonable skill and care and to a reasonable standard.
9.2 In so far as We are in breach of the agreement and the breach is capable of remedy, We will, upon notice being given to Us by Your Club, use our very best efforts to provide a solution mutually acceptable to Us and Your Club.
9.3 Notwithstanding the above, in the event of Us:
9.3.1 breaching the agreement or committing any tort, including the negligence or negligent misstatement of our servant or agents; and / or
9.3.2 being in any breach of any statutory or common law duty of care;
We will have no liability to Your Club, its members and Participants save that We will indemnify them in respect of any death or personal injury caused thereby and in respect of which no limitation or exclusion is intended.
9.4 Without prejudice to the generality of the above, in no event shall We be liable for:
9.4.1 any damage to property whether arising directly or indirectly from any breach or tort;
9.4.2 loss of income, or profit, revenue, goodwill or anticipated savings whether arising directly or indirectly from any breach or tort;
9.4.3 loss or damage;
9.4.4 any indemnity in respect of the items listed directly above.
9.5 Without prejudice to the generality of the above, Our liability for all the losses caused by a breach or tort giving rise to a claim shall be limited to damages of 3 times the total amount paid by Your Club to Us under this agreement for the season in respect of which the breach or tort shall occur, and which both We and Your Club, its members and Participants have considered and agree is a reasonable sum given the respective positions of the parties and the types of direct losses likely to occur.
10. OTHER TERMS
10.1 We may subcontract the performance of any of Our obligations under this agreement to any person without notice. Where We do subcontract Our obligation under this agreement We shall not be responsible for any act or omission of the sub-contractor.
10.2 This agreement shall not otherwise be assignable by Your Club or you without Our prior written consent. We may assign this agreement to any person.
10.3 We shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of Our obligations where the same is occasioned by any cause whatsoever that is beyond Our reasonable control including but not limited to an Act of God, war, civil disturbance, un-preventable flood, failure or neglect on the part of any utility supplying electricity, gas or water, the unavailability of or the prevention of access to premises, governmental regulations, prohibitions or enactments of any kind, strike, lock-out or trade dispute (whether involving Our own employees or those or any other person), difficulties in obtaining staff or materials, breakdown of machinery, fire or accident or loss of premises. Should any such event occur FML may cancel or suspend this agreement without incurring any liability for any loss or damages thereby occasioned.
10.4 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
10.5 If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
10.6 This agreement shall be governed by English Law and shall be subject to the sole jurisdiction of the English Courts.