This is an agreement for Referee services between you and the Club and its members represent (You, “Your Club” Participant/s) and any referee which attends to referee any match played by Your Club (“the Referee”). The Referee does not accept to provide his/her services on any other terms. These Conditions do not affect your statutory rights.
1.1 You confirm that your contact details are correct
1.2 You confirm that You are duly authorised to enter into this agreement on behalf of Your Club and its members and You also accept personal legal responsibility for any failure of any member of Your Club or You to comply with it.
1.3 You agree that you will provide to each of the members of Your Club and Participants a copy of this agreement and ensure that they have read, understood and agreed to its terms.
2.1 You agree that the services of the Referee are provided only by him/her and not on behalf of or through Football Mundial Limited and that Football Mundial Limited is not responsible for any failure of the Referee either to attend in order to referee Your Club’s match or for any act or omission on his/her part while refereeing Your Club’s match and/or any other act or omission on his/her part.
2.2 The Referee confirms that he is FA qualified to referee Your Club’s match.
2.3 The Referee will referee Your Club’s match in accordance with the League Services Agreement and the League and Playing Rules of Football Mundial Limited and the FA Rules Where these conflict, the former/latter shall be applied.
3.1 At all times, Your Club and Participants will treat the Referee with respect and courtesy and obey his rulings and reasonable instructions.
3.2 The Referees Fee together with the number of times this is payable under this agreement (which will be at least 10) will be notified to you by a confirmation email before we provide these services to you (“Your Confirmation Email”) [though it may change from time to time upon providing reasonable notice. For this purpose, reasonable notice shall be 1 week.
3.3 After you receive the details of the Referees Fees Your Confirmation Email, you may either:
a. 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; or
b. If You or Your Club does not wish to proceed with this agreement you have the right to cancel this agreement by writing to us or by simply replying to Your Confirmation Email stating that you wish
3.4 You must pay the Referees Fee directly to the Referee before Your Club’s 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. match on the night in cash. If you fail to do so, the Referee will be under no obligation to referee Your Club’s match. The Referee’s Fee for each number of times it is payable under this agreement is due under this agreement whether or not Your Club makes use of the Referee services.
4.1 All participants understand that these events are contact sports and contain an element of risk to the person participating.
4.2 You agree that agree and understand that the Referee does not own or have exclusive occupation of premises used for Your Club’s matches and has 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.
4.3 You, as Club Manager, are responsible for ensuring that You do not allow Your Club members and/or Participants to commence a match 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 Participants.
4.4 Participants must report to the Referee at the earliest opportunity any perceived dangers, violence (or threats of the same), or any other misconduct of whatever type.
5.1 The Referee shall provide its services with reasonable skill and care and to a reasonable standard.
5.2 In so far as the Referee is in breach of the agreement and the breach is capable of
remedy, The Referee will use his/her reasonable efforts to provide a solution mutually
acceptable to the Referee and Your Club and Participants.
5.3 Notwithstanding the above, in the event of the Referee:
5.3.1 breaching the agreement or committing any tort, including the negligence or negligent misstatement; and / or
5.3.2 being in any breach of any statutory or common law duty of care will have no liability to Participants save that the Referee will indemnify the Participant in respect of any death or personal injury caused thereby and in respect of which no limitation or exclusion is intended;
5.4 Without prejudice to the generality of the above, in no event shall the Referee be liable for:
5.4.1 any damage to property whether arising directly or indirectly from any breach or tort;
5.4.2 loss of income, or profit, revenue, goodwill or anticipated savings whether arising directly or indirectly from any breach or tort;
5.4.3 loss or damage;
5.4.4 any indemnity in respect of the items listed directly above.
5.5 Without prejudice to the generality of the above, the liability of the Referee 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 the Participant to the Referee pursuant to this agreement in respect of which the breach or tort shall occur, and which both the Referee and the Participant have considered and agree is a reasonable sum given the respective positions of the parties and the types of direct losses likely to occur.
6.1 The Referee may subcontract the performance of any of his obligations under this agreement to any suitably qualified person without notice. Where he does subcontract his obligations under this agreement he shall not be responsible for every act or omission of the sub-contractor.
6.2 This agreement shall not otherwise be assignable by Your Club or you without the Referee’s prior written consent. The Referee may assign this agreement to any person.
6.3 The Referee shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of his obligations where the same is occasioned by any cause whatsoever that is beyond his 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 his 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 the Referee may cancel or suspend this agreement without incurring any liability for any loss or damages thereby occasioned.
6.4 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.
6.5 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.
6.6 This agreement shall be governed by English Law and shall be subject to the sole jurisdiction of the English Courts.
This is an agreement between the Football Mundial Limited (“FML”) and you, a referee who at FML’s invitation attends to referee any matches played by a club organised by FML (“You” or “the Referee”). It sets out the terms upon which you provide refereeing services to any club within one of FML’s leagues. This agreement does not affect your statutory rights. Any reference to the masculine includes the feminine. This agreement must be read in accordance with League Services Agreement and Referees’ Services Agreement.
1.1 During the term of this agreement, FML will contact you and notify you of various matches which you may agree to referee.
1.2 If you agree to referee these matches you will attend at the appropriate time and provide refereeing services to the clubs who turn up to play with reasonable care and skill and to a reasonable standard.
1.3 You confirm that you hold sufficient Football Association (FA) qualifications to be competent and permitted by the FA to referee the matches you agree to referee and that you have taken out adequate insurance to cover any claim which may be made against you or FML by any player who plays in a match which is refereed by you by reason of any act or omission on your part.
1.4 The services you will provide to any club or team of players will be in accordance and in compliance with the relevant terms of the League Services Agreement and Referee Service Agreement and the Playing Rules of Football Mundial Limited which are available on FML’s website www.footballmundial.com and in order to do so You agree to familiarise yourself fully with the relevant terms of these documents and keep yourself informed as to any changes to them and provide your services in accordance with any relevant terms which have changed.
1.5 If any matter is reported to you of any perceived dangers including the condition of the pitch and facilities as well as any violence or threats of the same or any other misconduct of whatever type, you must properly investigate the same and take reasonable steps to protect any member of any Club or other person from the same.
1.7 Prior to any match taking place, you agree that you will inspect with reasonable care and skill the pitch upon which any match which you have agreed to provide refereeing services is due to take place and will not allow a match to proceed if there is any defect or damage of the pitch, the goals or surrounding features and/or the general conditions (including weather) which whether on their own or combined together may present a danger to the health and safety of the players who attend to play.
1.8 You agree that any services that you provide pursuant to this agreement are provided by you, as a self-employed referee and you are not at any time employed or engaged by FML and that you are wholly and solely responsible for the services which you will provide under this agreement and that Football Mundial Limited is not responsible for:
1.8.1 any failure on your part either to attend in order to referee any match (unless Football Mundial Limited has failed to notify You of the time or place of the match in breach of the League Services Agreement); or
1.8.2 for any act or omission on your part while refereeing any match and/or any other act or omission on your part.
1.9 In so far as any member of any Club or any other person seeks to make a claim to recover any compensation or monies or obtain any other legal remedy from FML arising from any act or omission on your part while attending to provide refereeing services under the Referees Services Agreement, you agree to indemnify FML for all losses incurred by FML as a result of such a claim, including any legal costs incurred by either FML and the person making the claim.
1.10 You agree to collect any monies owed to FML by the clubs that participate in the games you referee by reason of the League Services Agreement and the Pitch Hire Agreement and to pay these monies into FML’s bank account within 2 days of collection. Unless you are otherwise informed, each Club will owe at least a pitch hire fee and league services fee when it attends to play.
1.11 You also agree:
1.11.1 to keep a written record or monies collected and those sums which are not paid and to pass this information on to FML within 24 hours of the match taking place by email.
1.11.2 to collect the outstanding sums from each Club at the next match you referee.
1.12 Any oral communication regarding the collection of monies for FML must be followed up by an email sent to FML within 24 hours.
2.1 FML is under no obligation to contact you to provide an opportunity to provide refereeing services to any club which participates within its leagues.
2.2 If FML does contact you to provide you with such an opportunity, it will do so with reasonable care and skill, in so far as it is relevant to you being sufficiently well informed to attend the matches to provide the refereeing services.
2.3 Except as set out above, FML is under no other obligation or duty under this agreement.
3.1 You may subcontract the performance of any of your obligations under this agreement to any suitably qualified person without notice provided that he holds sufficient Football Association (FA) or other qualifications to be competent and permitted by the FA to referee the matches you have agreed to referee and that he has taken out adequate insurance to cover any claim which may be made against him or FML by any player who plays in a match which is refereed by him by reason of any act or omission on his part.
3.1 If you wish to subcontract the performance of any of your obligations under this agreement, you must contact FML immediately. You are only permitted to do so if you first obtain FML’s written permission (unless FML agrees otherwise) such permission not to be unreasonably withheld. Under no circumstances will this be permitted unless the proposed subcontract or referee:
3.1.1 holds sufficient Football Association (FA) or other qualifications to be competent and permitted by the FA to referee the matches you have agreed to referee; and
3.1.2 has taken out adequate insurance to cover any claim which may be made against him or FML by any player who plays in a match which is refereed by him by reason of any act or omission on his part; and
3.1.3 has agreed in writing to provide his services in accordance with this agreement.
3.2 Where you do subcontract your obligations, you shall be legally responsible for any act or omission of the sub-contractor referee.
3.3 This agreement may be terminated by either party, upon giving one week’s notice in writing. For this purpose, an email or text will be sufficient.
3.4 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.
3.5 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.
3.6 This agreement shall be governed by English Law and shall be subject to the sole jurisdiction of the English Courts.