Each Service (as defined below) purchase by you from a Provider (as defined below) is subject to these standard terms and conditions (the “Terms”) and is conditional upon your agreement to such terms.
These terms and conditions were last updated in June 2024.
SECTION 1: DEFINITIONS
“Act of God” means any event outside of human control including, but not limited to, acts of God, natural disasters, landslide, flood, tempest, washout, fire, lightning, disaster, earthquake, and storm; actions of military, naval, or civil authority, war, revolution, political disturbance, and terrorism; civil disturbance; failure to obtain a requisite permit or authorization from a governmental authority by reason of any statute, law; sabotage, rebellion, vandalism, riot, blockade, insurrection, strike, lockout, and explosion; power failure and non-availability of labour, materials service, equipment, goods, or utility; and epidemic, pandemic, and quarantine.
“Child” or “Participant” means the individual who is participating in the Services.
“Coach” means an individual employed by the Provider to deliver the Services.
“Drop Off” means a Sportball program where a Child is dropped off at a Sportball event and is left to be attended by the Coaches.
“Event” means a Sportball program session.
“Franchisor” or “Sportball Systems” means collectively a body incorporated under the laws of Ontario, Canada (“Sportball Systems Inc.”), and Sportball USA, LLC, a body incorporated under the laws of Delaware, USA (“Sportball Systems USA, LLC”).
“Gift Card” means a Sportball Gift Card issued by Sportball Systems, that can be used to purchase Services at www.sportball.com.
“Parented” means a Sportball program where you and your Child are required to participate together.
“Private Event” means a Sportball Service that has been privately contracted by you, and commonly includes Birthday Parties or other Services that are not open to the general public.
“Services” means any Sportball program or merchandise.
“We” “Us” “Our” or “Provider” means the local organization that the Franchisor franchises the right to operate a Sportball business, and who is responsible for delivering the Services to you. A full list of Providers can be found at www.sportball.com/contact.
“You” or “Your” means the person who has purchased Services, and their affiliates.
“Your Data” means electronic data and information submitted by or for you to the Services.
SECTION 2: OUR RESPONSIBILITIES
2.1 Provide the Services. The Provider and its Coaches will supply you with the Services.
2.2 Protection of your Data. We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.
2.3 Privacy. Sportball and its Providers collect and use information from you as per our Privacy Policy. For more information about the Privacy Policy, please visit https://sportball.com/privacy-policy/
2.4 Our Personnel. We will be responsible for the performance of our personnel that we are legally responsible for (including our employees and contractors that we are legally responsible for) and their compliance with our obligations under these Terms and Conditions, except as otherwise specified herein.
2.5 Safety. All Coaches that are eligible to have a Vulnerable Sector Check or Policy Background check will have one that is up to date. At least one Coach in each Event will be certified in First Aid and CPR. We will have a First Aid kit on site.
SECTION 3: REFUND POLICY
Guaranteed Fun Policy. The Providers maintain a Guaranteed Fun Policy (the “Refund Policy”) that stipulates how we administer refunds. A Provider may grant you with a refund under the following conditions:
3.1 Minimum of 3 sessions. You must attend a minimum of 3 sessions in the Event which you are requesting a refund for.
3.2 One Refund Per Customer. You may only request a refund once.
3.3 Merchandise. Fees associated with merchandise, including shipping & handling, are not refundable.
3.4 Delivered Services. The Provider will not refund you for any fees associated with Services that have been delivered, irrespective of whether you were in attendance or not to receive those Services.
3.5 Processing Time. If your refund is granted, then it will take 10 business days to process.
3.6 Third Party. If your purchase was made with a third party, then policies of the third-party would govern your purchase.
3.7 Gift Cards. Purchases associated with Gift Cards are non-refundable.
3.8 Private Events. If your purchase was for a Private Event, then the cancellation policies listed in Section 5 apply.
SECTION 4: REGISTRATION POLICIES
4.1 Child Information. It is your responsibility to ensure that all necessary emergency information such as medical and/or additional needs associated with a Child, has been disclosed at the time of registration. We encourage you to speak with Coaches on the first day of the program.
4.2 Merchandise. We do not guarantee the delivery date of any Sportball merchandise purchased.
4.3 Attendance. No refunds or make-up classes will be offered for an Event that you have purchased, but do not attend.
4.4 Make-up classes. Make-up classes are not offered.
4.5 Rain or Shine. For Outdoor programs, Coaches are on the field and run rain or shine. In the case of severe weather conditions (i.e., lightning, high winds, smoke etc.), Coaches will decide if it is safe to run at the time of your program.
4.6 Low Enrollment. The Provider reserves the right to cancel any program due to insufficient enrollment. Upon cancellation, a full refund will be made within 10 business days. In the event of a program cancellation, we will contact you within the week prior to your program start date.
4.7 Arrival & Dismissal for Drop Off. You must sign in your Child before each Event and sign out your Child for Each Event. In the case where you cannot be present to sign your Child in or out, you must notify the Provider and the Coach as such, and provide an alternate designate to drop off and pick up your child.
4.8 Parented Programs. You must participate in Parented Events along with your Child. You are required to keep your Child within eyesight at all times.
4.9 Code of Conduct. The Provider reserves the right to cancel your purchase of the Services, without issuing a refund, if they determine that your conduct, or your child’s conduct is unsafe, or detrimental to the experience of other participants in the Event.
4.10 Location Conditions. The conditions of locations where Sportball Events are hosted are “As Is”, and we make no representations or warranties with respect to safety of the location.
4.11 Child Behavior. You are solely responsible for the behaviour of your child. You will defend us against any claim, demand, suit or proceeding made or brought against us by a third party as a result of your Child’s behavior.
SECTION 5: PRIVATE EVENTS
In the case of Private Event bookings, the following terms and conditions also apply:
5.1 Facilities. It is your responsibility to make sure that the facilities reserved for the Private Event are safe and suitable for the Services.
5.2 Parent Participation. All children under the age of 3 must be accompanied by a parent or guardian during the delivery of the Services.
5.3 Participant Supervision. All Participants are under your supervision before, during, and after the duration of the Services.
5.4 Maximum Participants. The maximum number of Participants per Coach is 20:1 for Private Events.
5.5 Coach Participation. Coaches are available to participate in the delivery of the Services, and only the delivery of the Services.
5.6 Refunds. No refunds are offered for Private Events, including the event of a cancellation.
5.7 Reschedule. Changes to schedule may be made by providing notice, via email, 7 calendar days in advance of the Private Event. The Private Event must be rescheduled within 60 days of the original date, and the Private Event can only be rescheduled once.
SECTION 6: GIFT CARDS
6.1 Gift Card Purchase. Gift Cards are purchased from the Franchisor and redeemed with the Provider.
6.2 Redemption. Gift Cards may only be redeemed toward the purchase of eligible Services at www.sportball.com. Purchases are deducted from the balance of your Gift Card. Any unused Gift Card balance will remain associated with your Gift Card. If a purchase exceeds your Gift Card balance, the remaining amount must be paid with another payment method.
6.3 Limitations. Your Gift Card cannot be used to purchase other Gift Cards. Once redeemed for Services, the redeemed value cannot be refunded or transferred to another Service.
6.4 Refunds. Gift Card purchases are non-refundable.
6.5 Risk of Loss. The risk of loss and title for Gift Cards pass to the purchaser upon the Franchisor’s electronic transmission of the Gift Card to the purchaser or designated recipient, or the Franchisor’s delivery to the carrier, whichever is applicable. The Franchisor is not responsible if any Gift Card is lost, stolen or destroyed.
6.6 Right to Void. The Franchisor will have the right to void Gift Cards and bill alternative forms of payment if the Franchisor suspects that a Gift Card is obtained, used or applied to purchase fraudulently, unlawfully or otherwise in violation of these terms and conditions.
6.7 Gift Card Limitation of Liability. THE FRANCHISOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
SECTION 7: MEDIA
7.1 Media Permission. You explicitly grant the Franchisor and the Provider the right to use your image in photo or video form for promotional purposes in print form, on website, and on video and social media communications.
7.2 Your Media. You are permitted to take pictures and video at Sportball Events, provided you do not capture any children other than your own in any photos or videos.
SECTION 8: PARTICIPANT WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION
By agreeing to participate in a Service offered by a Provider, the Participant and you agree and understand that:
8.1 All Participants voluntarily and of their own free will, elect to participate in Sportball. Furthermore, Participants and you agree that they are in good health and proper physical condition to participate;
8.2 All Participants and you understand that there are certain risks and hazards involved in participating in that may result in injury or death to any participant or other players including, but not limited to those hazards associated with, playing conditions, equipment, and other participants;
8.3 All Participants and you understand that the Services are dangerous to me and to other players and may result in serious injury or death.
8.4 All Participants and you understand that the very nature of the Services are hazardous and risky, including, but not limited to, the acts of running, jumping, stretching, sliding, diving, and collisions with other players and with stationary objects, all of which can cause serious injury or death to Participants and to other players.
Further, all Participants and you agree that in consideration for the right to play and in consideration for permission to play:
8.5 You voluntarily elect to accept and assume all risks of injury incurred or suffered by a Participant;
a. while practising or playing as a member of the team so designated,
b. while serving in a non-playing capacity as a team member during practice or play by other teams or by other players on my team, and
c. while on or upon the premises of any and all of the grounds arranged for by my team or league for practice or play.
8.6 You hereby release, discharge and agree not to sue , or their owners, officers, agents, Servants, associations, employees, or any person or entity connected with for any claim, damages, costs or cause of action which you or your Participant have or may in the future have as a result of injuries or damages sustained or incurred by you or your Participant from whatever cause including but not limited to the negligence, breach of contract or wrongful conduct of the parties hereby released.
SECTION 9: LIMITATION OF LIABILITY
9.1 Limitation of Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU AND YOUR AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
SECTION 10: DISCLAIMERS
10.1 Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER.
SECTION 11: GENERAL PROVISIONS
11.1 Reservation of Rights. Subject to the limited rights expressly granted hereunder, the Franchisor and its Providers reserve all of our/their right, title and interest in and to the Services, including all of our/their related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
11.2 Modification. We reserve the right to modify these Terms from time to time.
11.3 Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect.
11.4 Force Majeure. If all or any part of a Service is cancelled, in whole or in part, as a result of an Act of God as deemed by the Provider or the Franchisor, then no refunds or credits will be issued for the cancelled Services.
11.5 Terms and Conditions to Governing Law and Jurisdiction.
a. For Canadian Residents: The Terms shall be governed by and construed and enforced in accordance with the laws of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the Canadian jurisdiction in which you reside apply, in which case the laws of such jurisdiction will apply.
b. For All Others: The Terms shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles.
11.6 Language. It is the express wish of the parties that the Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.