Soccer Fusion Use of Terms And Conditions – International Program

PARTICIPANT AGREEMENT 

Please confirm your acceptance of this Participant Agreement (“Agreement”), as parent or guardian, or as the participant (as the case may be), by clicking the “I have read and I accept the terms and conditions” option on the registration form.

This Agreement is between: (1) Soccer Fusion Pty Ltd (ACN 615 219 166) (“Soccer Fusion”, “we” or “our” or “us”), (2) the person named on the registration form as the participant (“Participant”), and (3) the person named on the registration form as the parent or guardian of the Participant (“Guardian”). Both the Participant and the Guardian must each accept this Agreement by clicking the “I have read and I accept the terms and conditions” option.

In this Agreement, the Participant and the Guardian are referred to as “YOU” or “YOUR” and the parties intend and agree that: (a) each reference to YOU or YOUR is a reference to the Participant and the Guardian, jointly and severally, (b) an obligation imposed on YOU is an obligation on the Participant and on the Guardian, jointly and severally, and (c) a consent, waiver, release, agreement or approval given by YOU is a consent, waiver, release, agreement or approval given by the Participant and the Guardian, jointly and severally.

By accepting this Agreement, YOU agree to all of the following terms and conditions pursuant to which Soccer Fusion shall provide the tour described in the accompanying brochure. These terms and conditions apply to the tour on the Guest Reservation. By accepting this Agreement, YOU are acknowledging limiting terms and conditions waiving certain rights at law that otherwise might be available to YOU.

CONTACT INFORMATION

This is the legal contact information for Soccer Fusion:

Name: Soccer Fusion Pty Ltd

ABN: 20615219166

Address: 2/55 Shafston Avenue, Kangaroo Point QLD 4169

Email: info@soccerfusion.com

Website: www.soccerfusion.com

Registrations and Payment Information:

$1000 deposit must be done to secure your booking and benefit from the special offer until May 15th (Players: $5500 | Parents: $5150). $600 will be non refundable as compensation for the registration and logistics expenses, the Balance $400 will be refundable within next 7 days after we receive a written notice as long as the notice is sent no later than May 30th. After May 15th the final price will be: Players $6100 | Parents: $5650.

The balance of the tour price shall be paid no later than June 15th. Late reservations may be accepted subject to availability and accompanied by full payment.

Tour Price: All tour prices indicated in this brochure are per person and are based on the Rate of Exchange at the current time of booking. Price is subject to change without notice. As Airlines are changing policies, may charge per bag, this maybe an added cost to be paid at the airport.

A completed Registration Form (“Registration Form”) is required with this Agreement to reserve space for Soccer Fusion Tour. All prices are in local currency (AUD).

Client Cancellation & Refund Policy:

If YOU choose to cancel YOUR registration, Soccer Fusion must receive written notice of said cancellation via e-mail sent to info@soccerfusion.com and YOU shall be subject to the following cancellation fee schedule:

If we receive a written notice prior 90 days of the tour date, we will retain 25% of tour price as compensation for the registration and logistics expenses.

If we receive written notice between 60-90 days of the tour date, we will retain 40% of the payment fee paid.

If we receive written notice between 60-30 days of the tour date, we will retain 75% of the payment fee paid.

If we receive written notice of cancelation within 30 days of the tour date, there will be no refunds for the amount paid or equipment shipped to participant.

If the participant simply does not show up to the Tour, there will be no refunds for the amount paid or equipment shipped to participant.

Soccer Fusion reserves the right to cancel the tour in the program at any time prior to departure. In this event the participant is entitled to a full refund of any monies paid.

Cancellation or Substitution:

We will make all commercially reasonable efforts to keep the schedule as it has been published; however, the final schedule may vary due to factors beyond our control. We may in our sole discretion substitute services or goods of similar quality for any service or good stated in the schedule. We may cancel any Soccer Fusion activity at any time for any reason, including without limitation if we deem the number of participants signed up for a given Soccer Fusion tour to be insufficient to operate such Soccer Fusion tour. If for reasons beyond our control, a Soccer Fusion tour in progress must be interrupted or cancelled, we will in good faith consider refunding a portion of the tour price depending on our actual costs incurred compared to the Soccer Fusion tour as originally contemplated.

Certification of Participant’s Health:

YOU represent and certify to Soccer Fusion that the Participant does not have any condition or disability that would create a hazard for the Participant or others participating in the tour activities. YOU agree to send us via email sent to info@soccerfusion.com the medical questionnaire as soon as possible after the registration (or at such later time when YOU become aware of such a condition) of any existing physical or mental illness, disability or any other condition for which the Participant may require medical attention or special accommodation during the Soccer Fusion Tour. Also, travel insurance information must be provided to Soccer Fusion via email sent to info@soccerfusion.com. We make no guarantee to be able to accommodate the Participant for such condition during the Soccer Fusion tour, and we make no representations or warranties regarding special accommodations or handicap accessibility at the fields on the Soccer Fusion tour.

Acknowledgement of Hazards:

YOU hereby acknowledge, agree and represent to us that:

  1. Playing or practising Football is a potentially hazardous activity;
  2. The Participant is voluntarily entering and assuming all risks associated with participating in those activities, including but not limited to falls, contacts with other participants, the affects of weather including heat and or humidity, and the conditions of the training grounds and facilities, all risks being understood and appreciated by YOU. Having read this waiver, and knowing these facts, and in consideration of Soccer Fusion acceptance of this application, YOU hereby waive and release Soccer Fusion and its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members, representatives and all affiliated and related companies from all claims and liabilities of any kind arising out of the Participant’s involvement in Football playing, practising, or training, while registered as a participant and participating in any and all Soccer Fusion activities, events, practice sessions or social activities at any location (notwithstanding the location where the Participant originally registered) (all hereafter collectively referred to as “Fields that Soccer Fusion will carry out its activities”), including injury, loss or damage which might be caused by Soccer Fusion´s negligence;
  3. YOU are aware of the possible risks, dangers and hazards associated with participation in Soccer Fusion Activities (entertainment activities included), including all manner of injuries resulting in muscular injuries and soft tissue injuries including bruises, scrapes, cuts, etc., from executing strenuous and demanding physical techniques, collisions with the wall, floor, ground contact with other participants or equipment used by other participants (including ropes, weights and pads) and failure in proper use of the equipment or techniques either by the participant or other participants; and the possible risk of severe or fatal injury to the Participant or others;
  4. The Participant’s risk of injury increases as the Participant becomes fatigued;
  5. Such risks may be caused by the Participant’s own actions or inactions, the action or inactions of others participating in the Soccer Fusion Activities, the condition in which the Soccer Fusion Activities take place, or Soccer Fusion’s negligence; and
  6. There may be other risks and social and economic losses either not known to YOU or not reasonably foreseeable at this time.

General Waiver and Release:

In this section, “Affiliate” means, with respect to Soccer Fusion, any Person that controls, is controlled by, or is under direct or indirect common control with, Soccer Fusion. “Associate” has the meaning given to it in Part 1.2, Division 2 of the Corporations Act 2001. “Claims” means all allegations, threats, claims, demands, and causes of action, rights or remedies of any nature whether conferred by or arising under any statute, the common law or equity. “Person” means a natural person, a company, and any other entity or undertaking whether of a legal or quasi-legal character. “Released Parties” means (a) Soccer Fusion, its Affiliates, its Associates, its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members, partners and representatives, jointly and severally; and (b) those persons that own property used for any Soccer Fusion Activity and each of their respective directors, officers, agents, contractors, employees, instructors, trainers, volunteers, members and representatives, jointly and severally.

In consideration of Soccer Fusion allowing the Participant to participate in the Soccer Fusion tour activities, and in further consideration of Soccer Fusion providing the Activities, YOU hereby irrevocably: (i) waive any and all Claims that YOU have, or may have in the future, against the Released Parties as a result of or arising in connection with the Soccer Fusion Activities; (ii) release the Released Parties from any and all liability for any act or omission by a Released Party that would give rise to a Claim as a result of or arising in connection with the Soccer Fusion Activities.

The above waiver and release may be pleaded as a full and complete defence by the Released Parties to any Claims made, or legal or other actions or proceedings commenced, continued or taken by YOU (or on YOUR behalf) in connection with or in respect of any of the matters the subject of the waiver or the release. YOU shall indemnify the Released Parties and shall save the Released Parties harmless from and against all costs and expenses (including legal costs on a solicitor and own client basis) suffered or incurred directly or indirectly by the Released Parties in connection with or arising out of any Claims made or legal or other actions or proceedings commenced by YOU (or on YOUR behalf) against a Released Party in respect of any matter the subject of the waiver or the release.

Travel Release:

YOU acknowledge that certain Soccer Fusion Activities may take place at different locations in Spain.

YOU further acknowledge that: (i) during outdoor trips to other locations, extreme changes in weather or temperatures may result in heatstroke, sunstroke, or hypothermia and where applicable remoteness of location can result in poor communications and inability to get rescue or medical assistance quickly or easily; (ii) in an unfamiliar location, the Participant may become lost, get off course or be separated from the rest of the party; (iii) steep or other dangerous terrain may exist where a fall or other accident may cause injury or death; (iv) risks, injuries and/or death that may result from transportation (all modes or types including but not limited to public or private motor vehicle) incidents/accidents.

If a parent(s) of a minor child (children) has any concerns about transportation to or from an off-site location or any off-site Soccer Fusion Activity, such parent shall be permitted to accompany such child (children).

No Representation re: Medical Qualifications:

YOU confirm that YOU have been advised that Soccer Fusion does not represent any employees or contractors have any level of medical training that would provide assistance to an injured person.

Moreover, Soccer Fusion does not maintain medical equipment or apparatus (including but not limited to defibrillators or Epi-pens, which could assist an injured or ill person.

In the event that Soccer Fusion is provided with any medical apparatus by or on behalf of a Participant in Soccer Fusion Activities, Soccer Fusion makes no representation or warranty that any OUR personnel have the skill or training to operate such medical apparatus appropriately to assist any person or to prevent further injury.

YOU acknowledge that YOU are solely responsible to select and purchase adequate medical/health and travel insurance.

No medical/health or travel insurance will be provided by Soccer Fusion.

In the event of a medical/health or travel related problem, Soccer Fusion accepts no responsibility for any costs or damages associated with a medical/health or travel related problem nor will Soccer Fusion pay for any medical/health or travel related expenses, which may be incurred by my participation in the Soccer Fusion Activities.

Photography and Likeness Release:

YOU hereby authorise Soccer Fusion to allow the reproduction, dissemination, and/or publication of YOUR name and/or likeness (including those of YOUR minor child) for media coverage, public relations, advertising, marketing or any other Soccer Fusion promotional or educational purposes.

This may be done in conjunction with YOUR participation in any Soccer Fusion Activities and YOU understand and agree that YOU may neither pay a fee to receive individual promotional consideration from YOUR participation in the Soccer Fusion Activities, nor will YOU receive any payment for the possible commercial use of YOUR name or likeness.

Responsibility/Liabilities:

Soccer Fusion and other participant agents, IE Travel Agents, Airlines, Football Clubs and hotels are not responsible for any inconvenience, injury, loss, delay or irregularity out of/or in connection with the tour.

We act only in the capacity of agent for providing services or goods in connection with some “Suppliers”, camp operators, and providers of entertainment. We accept no responsibility and YOU hereby irrevocably release us from all responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of: (1) any act or omission of any of the Suppliers, or (2) any matter beyond our exclusive and actual control. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at the camp locations. YOU are also responsible for respecting the authority and following the directions of the Soccer Fusion Tour operator/guide during a Soccer Fusion tour. We may exclude YOU from participating in all or any part of the Soccer Fusion Tour if, in our sole discretion, YOUR condition or behaviour renders YOU unfit for the Soccer Fusion Tour or unfit for continuation once the Soccer Fusion Tour has begun. Unfitness may include, without limitation, any behaviour that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of Soccer Fusion Tour services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to a refund of the recoverable cost of any unused portion of the Soccer Fusion Tour. Should YOU decide not to participate in certain parts of the Soccer Fusion Tour or use certain goods included in the Soccer Fusion Tour, no refunds will be made for those unused parts of the Soccer Fusion Tour or goods. YOU agree to indemnify and hold us harmless from and against any costs, damages, losses, or liabilities arising out of YOUR actions or omissions.

Nothing contained in this Agreement excludes restricts or modifies any condition, warranty, term, guarantee or other obligation in relation to this Agreement where pursuant to applicable law to do so is unlawful or void.

Our sole liability to YOU under or in connection with this Agreement or its subject matter, howsoever arising, in relation to our supply of any goods or services, including any consequential loss which YOU may sustain or incur, shall be limited to: (a) in relation to any goods that we supply to YOU: (i) the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or acquiring equivalent goods; or (ii) the repair of the goods or the payment of the cost of having the goods repaired; and (b) in relation to any services that we provide to YOU: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again, as in each case we may elect. 

General:

These points explain to you that the applicable law is that of the Stte of Queensland, Australia.

(a) This Agreement, your use of this Site, and any dispute arising out of your use of this Site is governed by the laws of the State of Queensland, Australia, and each party submits to the jurisdiction of the courts of the State of Queensland, Australia unless the matter relates to any Commonwealth legislation in the various States and Territories.

(b) Any complaint made about Soccer Fusion by either a member of the public, or an employee, must be referred in the first instance to Soccer Fusion. Such a complaint should be specific and in writing. Upon receipt of a complaint, Soccer Fusion will use its best endeavours to respond to the complaint and resolve any matters arising from it within 14 days. If, following a response from Soccer Fusion, the complaint is not resolved to your satisfaction; it may be referred for consideration by the appropriate State regulatory body.

(c) YOU agree to present any claims against us within 30 days after the Soccer Fusion Tour ends and to file within one year of the incident, and YOU acknowledge that this expressly limits the applicable statute of limitations to one year. Facsimile transmission or electronic transmission (such as pdf) of any signed document shall be deemed delivery of an original. At our request, YOU shall promptly provide an original document as well. If there are any conflicts between this Agreement, the Reservation Form, and the Itinerary, this Agreement shall govern.

Privacy Policy:

In accordance with the Privacy Act, Soccer Fusion has adopted a Privacy Policy dealing with the personal information collected by BCN from Parents and Participants.

The full text of such Privacy Policy is available at www.soccerfusion.com/soccer-fusion-privacy-policy

Special Provisions for Guardians:

The Guardian hereby represents and assures Soccer Fusion that he/she has read and explained this Agreement to the Participant. The Guardian further acknowledges and agrees unconditionally that this Agreement and the subject matter of this Agreement are in the best interests of the Participant and substantially for the benefit and advantage of the Participant.

The Guardian hereby gives his/her unconditional consent for the Participant to participate in Football activities during the Soccer Fusion Tour. The Guardian acknowledges and agrees that participation in any Football event is done at the Participant’s own risk.

The Guardian understands that Soccer Fusion Pty Ltd. will complete required accident insurance forms, after which all claims under insurance policy, or policies, for injuries received while participating in the program activities and events, shall be processed by the Participant, his/her Guardian through the company handling the Participant’s insurance claim and not through Soccer Fusion itself.

The Guardian hereby accepts financial responsibility for personal items lost by the Participant.

The Guardian authorizes Soccer Fusion to transport and to obtain, through a physician of its own choice, any emergency medical care that may become reasonably necessary for the Participant in the course of such activities/events or such travel. The Guardian also agrees that the expenses for such transportation and treatment shall not be borne by Soccer Fusion. The Guardian accepts full responsibility and hereby grants permission for the Participant to travel on any tour trip by bus or van.

Illegal Substances:

Notice is hereby given that possession or sale of controlled substances by any participant is grounds for expulsion of the program. Participant possession of or being under the influence of alcoholic beverages, and/or hallucinogenic drugs or combinations of drugs or substances having hallucinatory effects, marijuana, or under the influence of glue or other drugs or combinations of drugs or drug paraphernalia expressly prohibited by federal, provincial, or local laws, including prohibited substances which shall include those substances possessed, sold, and/or used that are held out to be, or represented to be, controlled substances, illegal substances, or counterfeit in any respect illegal or controlled substances is grounds for expulsion from the remaining of the summer program and referral to proper law enforcement agencies. The Parent will be immediately notified to pick up the Participant. In none of the foregoing cases, shall the fee paid for the program be reimbursed, in whole or in part.

Further notice is hereby given that possession of prescription drugs, or any other over-the counter medication, not specifically ordered for the Participant by a physician or the participants parent or guardian is grounds for expulsion from the remaining of the program. The Guardian will be immediately notified to pick up the participant. The fee paid for the program will not be reimbursed, in whole or in part.

I, as parent or guardian, accept this agreement: by clicking on the “I have read and I accept the terms and conditions” button back on the sign-up registration form.