Please read these European Soccer Solutions (“ESS”) Booking Terms and Conditions (“Terms”) carefully as they set out the terms and conditions between us.
YOUR BOOKING Your booking is a guarantee that you have the authority to accept and do accept these Terms on behalf of yourself and anyone traveling in your booking. A contract for your booking exists between you and ESS upon the acceptance of these Terms by you, or upon receipt of a deposit for your booking by ESS, whichever occurs earlier.
PAYMENT TERMS All pricing is final and the payment schedule is based off of the original schedule you agreed to or have arranged separately with ESS. Invoices are due upon receipt. ESS requires an initial deposit payment (hereinafter “Deposit”) in order to secure your spot.
All payments are nonrefundable unless an injury occurs before arrival as stated below.
If a player injury outside 3 months of the arrival date results in the cancellation of the stay, both a physician’s note and written notification is required for a full refund of payments made, less a 3.3% credit card processing fee. If a player injury between 2 and 3 months of the arrival date results in the cancellation of the stay, both a physician’s note and written notification is required for a 50% refund of payments made, less a 3.3% credit card processing fee. If a player injury within 1 month of the arrival date results in the cancellation of the stay, both a physician’s note and written notification is required for a 25% refund of payments made, less a 3.3% credit card processing fee.
Full payment of all outstanding amounts will be required prior to the program commencing. Late payments incur an interest charge at the maximum amount allowable under the law. Credit card payments include non refundable processing fees. Failure to make required payments may result in the cancellation or termination of your booking. You will be responsible for reasonable costs or attorney fees incurred by ESS in any collection matter pursued under these Terms. You are responsible for all food and beverage costs outside of the residency meal plans.
INSURANCE A travel insurance policy is included in your booking. For a copy of the entire policy you may contact ESS. You acknowledge that ESS’s insurance policy may not cover circumstances arising from, out of, or relating to this booking. ESS recommends that you procure travel or medical insurance for if such is not covered under your personal insurance portfolio. The cost of such insurance will be your responsibility.
COMPLAINTS PROCEDURE If problems arise during the residency program it is Your responsibility to advise ESS staff immediately and without delay so that efforts can be made to rectify the problem rapidly.
PROPERTY DAMAGE You are responsible for any and all damage, injury or loss caused by you or a guest invited by you during the booking (“Guests”). Your responsibility includes, without limitation, any damages, injury or loss caused by you or a Guest at the residency, within any room, at any location, or during transportation to or from any event. You are responsible for your personal property during the entire booking and ESS has no liability or responsibility for your personal property or the personal property of your Guests, including without limitation, theft, loss or damage to luggage, travel documentation, credit cards, cash, personal property or loss or damage due to or resulting from the negligence of ESS or a Guest. You and any Guests release and hold ESS harmless ESS from any and all claims and costs due to any liability, loss, injury, personal property damage, property damage, or other damage which might occur as a result of you, or a Guests actions during the booking event. You will be responsible for direct payment and full restoration to the third party for any damages by you, or a Guest.
INDEMNIFICATION YOU WILL INDEMNIFY, WARRANT, HOLD HARMLESS AND DEFEND ESS FROM ANY AND ALL LOSS, LIABILITY, DAMAGE, CAUSES OF ACTION, CLAIMS AND DEMANDS (INCLUDING REASONABLE COSTS AND ATTORNEY FEES) THAT YOU OR A GUEST MAY INCUR ARISING OUT OF OR RELATED TO THE BOOKING, WHETHER CAUSED BY THE NEGLIGENCE OF ESS OR THAT ARISE FROM YOUR ACTS OR A GUEST OR FAILURE OF ANY OF THOSE PARTIES TO ACT (INCLUDING YOUR OWN NEGLIGENCE).
YOU AGREE THAT THIS AGREEMENT IS BINDING TO MEMBERS OF YOUR BOOKING AND GUESTS FAMILY, SPOUSE, HEIRS, ASSIGNS, NEXT OF KIN, SUCCESSORS, PERSONAL REPRESENTATIVES, AND YOU AND YOUR GUESTS ESTATES AND SHALL BE DEEMED AS A RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE ESS. YOUR BOOKING AND GUESTS PERSONAL REPRESENTATIVE, EXECUTOR, ADMINISTRATOR OR GUARDIAN WILL BE OBLIGATED TO COMPLY WITH THIS AGREEMENT.
VOLUNTARY PARTICIPATION AND CODE OF CONDUCT You and each booking member are voluntarily participating in the booking and you acknowledge that there are inherent risks and hazards associated with the booking. You hereby acknowledge that you are in proper physical condition to participate in the events of the booking and have no illness, disease, existing injury or physical defect that will be aggravated by the events. If requested by ESS, You will provide a doctor’s participation/medical release prior to participation in an event. You accept full responsibility for your behavior, well-being and health during the booking. You willingly assume full responsibility for any and all risks and hazards in connection with the booking. You have the right and responsibility to inspect equipment and facilities and locations prior to use and if you believe anything is unsafe you have the right to refuse participation. Risks may include, without limitation, falls, collisions, physical exertion that someone may not be prepared for, water related incidents, equipment malfunctions, injuries of any kind or nature, transportation via cab, shuttle, van bus or other, natural disasters, weather extremes or conditions, rugged or steep terrain, rock fall, slippery footing, water, unavailability of immediate and appropriate medical attention in case of injury or illness, difficult evacuation, mechanical breakdown, human error, accidents, or rescue related injuries. You understand that this is not a complete or exhaustive list and that other risks whether known or unknown, anticipated or unanticipated may also exist and result in injury, illness, disease, death or damage to person or property. ESS will not assume any responsibility for any risks and/or hazards and you hereby release ESS from all liability associated with all risks and hazards, including without limitation, loss, property damage, illness, heat related illness, food/beverage related illness, injury, including death and/or dismemberment, in such an activity, whether caused by the negligence of ESS or otherwise.
ESS reserves the right to disallow you to participate in any event of the booking if your conduct does not meet ESS or event standards which are determined at the sole discretion of ESS. This includes, without limitation, your behavior before, after or during an event. ESS does not take responsibility for behavior of you or Guest. If the behavior of an individual or individuals is considered likely to cause offense, danger, damage or distress to others, ESS reserves the right at all times to cancel or terminate an individual’s entire booking. We reserve the right to send any individual home on the next available flight at our discretion and at full cost to the individual should we feel this is necessary. Participants are not permitted to drink alcohol or smoke on the tour.
YOU HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE ESS FROM ANY AND ALL LIABILITY, CLAIMS, LOSSES, INJURIES, ILLNESS, HARM, DEATH, DEMANDS, ACTIONS OR CAUSES OF ACTION (WHETHER PERSONAL INJURY, PROPERTY, STRICT LIABILITY FOR ABNORMALLY DANGEROUS ACTIVITIES OR OTHERWISE) ARISING OUT OF OR IN ANY WAY OR RELATED TO THE EVENT (WHETHER FORESEEN OR UNFORESEEN), WHETHER CAUSED BY THE NEGLIGENCE OF ESS OR OTHERWISE, THAT OCCUR TO YOU, A GUEST OR TO ANY OTHER PERSON OR PROPERTY DURING THE EVENT.
MEDIA RELEASE You agree that ESS may use photos, videos, voice, all or part of the attendee name, likeness or other personal identifiers in all forms whether print, electronically or any other method of distribution for marketing or promotional purposes (the “Images”). You agree that ESS may “tag” You or in any social media post (for example Facebook, Instagram, Twitter) for marketing or promotional purposes. You hereby grant ESS an irrevocable, worldwide, royalty free, non-exclusive license to use the above referenced Images in perpetuity either alone or incorporated with other works and in all media whether now known or hereafter devised. You nor anyone on Your behalf will have any claims of compensation, any right of approval, any claim to legal damages, or any right to seek equitable or monetary damages arising out of the use of the Images. You release ESS from any claims or liability arising out of the recording or use thereof. If the above provision relating to Image use is not acceptable, please e-mail email@example.com with the title “Non-Approved Image Use” and indicating the individual’s name.
No unauthorized tour information, including without limitation, imagery, references, pictures, video or literature is to be reproduced and used in any way, shape or form for public or private use by You.
IMAGES BY YOU Still images and video images taken inside sports clubs by you or Guest are to be used for private and personal use only and are strictly not permitted to appear on any public forum i.e. Instagram, YouTube, Facebook, and Twitter etc. without authorization from ESS. Some Sports Clubs and venues will prohibit photography and we require you to comply with this along with all other rules and regulations set out by venues and sports clubs.
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS You hereby grant to ESS a perpetual license to use all comments, feedback and ideas you may share without notice, compensation or acknowledgement to you for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
WRITTEN COMMUNICATIONS Certain laws require that some information ESS provides be in writing. You accept that most communication with ESS will be electronic. ESS will contact you by e-mail or provide you with information by posting notices in the 360 Player app used to manage your booking. You agree to this electronic means of communication and acknowledge that contracts, notices, information and other communications ESS provides electronically comply with legal requirements that such communications be in writing.
NOTICES All written notices to ESS required by these Terms must be delivered at the address set forth above by a means evidenced by a delivery receipt and will be effective upon receipt.
WAIVER The failure of either party at any time to require performance by the other party of any provision will not affect in any way the full right to require such performance at any time thereafter. No course of dealing among any or all of the parties shall operate as a waiver of the rights herein.
SEVERABILITY AND SURVIVAL If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law or invalid, such provision shall be changed by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law and the remaining provisions of this Agreement shall remain in full force and effect. Rights and obligations under this Agreement, which by their nature should survive will remain in effect after termination or expiration hereof.
GOVERNING LAW AND JURISDICTION The validity, interpretation, enforceability and performance of these Terms shall be governed by and construed in accordance with the laws of the State of Nevada excluding its conflict of laws. Venue for all disputes arising under or in respect of these Terms shall lie before any court of competent jurisdiction located in Clark County, Nevada. Any legal action hereunder arising from contract, tort, or otherwise must be brought within one year from the date of departure or shall be irrevocably waived.
ENTIRE AGREEMENT AND MODIFICATIONS. These Terms are the entire agreement between the parties can only be modified by a subsequent written agreement executed by authorized representatives of each party.