The Fútbol Factory Policy
The undersigned parent or legal guardian (the "Parent")
of the minor participant (the "Participant") hereby
agree to the terms and conditions set forth herein regarding Participant's
application to and participation in any programs provided by The
Fútbol Factory, LLC ("The Fútbol Factory"):
1. Payment and Fees. A deposit in US Dollars equal to ten percent
(10%) of the cost of The Fútbol Factory Danubio Summer
Program (the "Program") shall be paid to The Fútbol
Factory upon the submission of this application by the Participant.
A second payment equal to the remaining balance of the cost of
the Program shall be made within thirty (30) days prior to the
departure date of the Program. Please refer to the website at
www.thefútbolfactory.com for a complete description of
what is included in the Program Fees. Program fees do not include
air transportation.
2. Agreement to Abide by The Fútbol Factory Policy. Parent
and Participant acknowledge that each has read and understand
the Policies of The Fútbol Factory attached hereto as Exhibit
A and incorporated herein by reference and will abide thereby.
Failure to comply with the Policies of The Fútbol Factory
may result in disciplinary action of Participant including, but
not limited to dismissal from the Program at the sole and absolute
discretion of The Fútbol Factory. If Participant is dismissed
from the Program for failure to comply with the Policies of The
Fútbol Factory, Parent and Participant agree that (a) the
full cost of returning home is at Parent and Participant's sole
expense, and (b) Participant will not receive a refund of any
Program Fees as a result of the dismissal. Parent and Participant
further agree that participation in the Program may be terminated
if Participant is expelled, suspended or otherwise disciplined
from Danubio F.C., or by civil authorities, or if The Fútbol
Factory, in its sole and absolute discretion, determines that
Participant's conduct is incompatible with the interests, safety
or welfare of other participants in the Program.
Parent and Participant agree to indemnify The Fútbol Factory
if The Fútbol Factory sustains any financial loss or liability
as a result of the actions of Participant.
3. Refund Policy. Once The Fútbol Factory application
is processed, a deposit is due to confirm Participant's place
in the Program. This deposit is non-refundable. Once The Fútbol
Factory finalizes a program, it makes financial commitments on
Participant's behalf and is obliged to secure and pay its overseas
partners for many aspects of the Program, including accommodation,
fútbol/soccer training, transportation, excursions and
any other service or component that is included in the Program.
The Fútbol Factory reserves the right to withhold any refunds
of the deposit paid by Participant at its sole discretion.
4. Program Changes. The Fútbol Factory reserves the right
to make changes, cancellations or substitutions to the Program
for reasons including, but not limited to, insufficient enrollment,
emergency or changed conditions in a host country or other circumstances
which may affect a program. If the Program is canceled 45 days
or less from the Program departure date, a full refund will be
issued less the registration fee. If Participant chooses to leave
the Program as a result of any substantial changes to a Program,
there will be no refund of Program Fees.
5. Hold Harmless. Parent and Participant hereby agree to indemnify
and hold harmless The Fútbol Factory and/or Danubio F.C.,
their officers, directors, employees, shareholders, affiliates,
agents and representatives, from and against any and all damages,
losses, claims, liabilities, deficiencies, costs, fees (including
reasonable attorneys' fees) and expenses, arising out of or resulting
from participation by Participant in The Fútbol Factory
Program.
6. Limitation of Liability. IN NO EVENT SHALL THE FÚTBOL
FACTORY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER
PECUNIARY LOSS, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT,
TORT, NEGLIGENCE OR OTHER LEGAL THEORY OTHER THAN THE INTENTIONAL
MISCONDUCT OR WILLFUL MALFEASANCE OF THE FÚTBOL FACTORY.
IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO THE
PARTICIPANT UNDER CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE
TOTAL AMOUNTS PAID BY THE PARENT AND PARTICIPANT TO THE FUTBOL
FACTORY.
7. Insurance. The Fútbol Factory is not responsible for
events out of its control during any of its programs which include,
but are not limited to, instances of theft, burglary, assault,
injury, loss of property, medical emergencies or other medical
needs, acts of terrorism, Acts of God, or any other risks which
arise as a result of traveling abroad. Accordingly, Parent agrees
to procure on behalf of Participant, personal insurance necessary
to cover all costs incurred by Participant in the Program. Parent
agrees to provide The Fútbol Factory with evidence of said
insurance 30 days prior to Participant's departure for the host
country of the Program. If evidence of the necessary insurance
is not provided accordingly, The Fútbol Factory reserves
the right to deny Participant participation in the program. Parent
and Participant acknowledge that it is his responsibility to understand
the limitations of their insurance coverage and agree that The
Fútbol Factory is in no way responsible for any losses
not covered by the insurance policy.
8. Medical Situations. Parent and Participant further understand
that medical insurance may not be provided for Participant by
The Fútbol Factory as part of its Program Fees. Medical
insurance for Participant while participating in the Program is
the sole and absolute responsibility of the Parent and Participant.
If Participant becomes sick or injured while participating in
the Program, the Participant authorizes The Fútbol Factory
to take such action as it considers necessary to secure appropriate
treatment for Participant and/or transportation for Participant
back to Participant's home. If The Fútbol Factory incurs
any expense on behalf of Participant as a result of a medical
emergency regarding Participant, Parent and/or Participant agree
to immediately reimburse The Fútbol Factory for any such
expense.
9. Travel Documentation. The procurement of any passport, visas
or other required travel documents necessary to participate in
the Program is the sole and absolute responsibility of Parent
and Participant. Whether a U.S. citizen or not, Participant shall
hold The Fútbol Factory harmless in the event participant
cannot obtain the necessary documents for participation in The
Fútbol Factory Program. Participant further understands
that the inability to obtain these visas and other documents does
not constitute grounds for a refund or waiving of any program
fees.
10. Use of Information. The Fútbol Factory occasionally
uses photographs of its Program Participants on its website and
print marketing materials. Parent and Participant consent to use
of such photographs. Participant agrees that The Fútbol
Factory may add Participant's name and email address to an email
distribution list which will be shared with other participants
in a The Fútbol Factory Program, unless The Fútbol
Factory is otherwise notified in writing.
11. Miscellaneous.
(a) Entire Agreement. This Agreement constitutes the entire understanding
and agreement of the parties with respect to its subject matter,
and supersedes all prior and contemporaneous understandings and
agreements, whether written or oral, with respect to such subject
matter.
(b) Governing Law. This Agreement shall be governed and construed
in all respects by and in accordance with the laws of the State
of New York. The parties hereto shall submit to the jurisdiction
of the Courts in the City and State of New York.
(c) Notices. Any notices required or permitted hereunder shall
be given to the appropriate party at the address specified below
or at such other address as the party shall specify in writing.
Such notice shall be deemed given: upon personal delivery; if
sent by telephone facsimile upon confirmation of receipt; or if
sent by certified or registered mail, postage prepaid, three (3)
days after the date of mailing.
(d) Costs of Prevailing Party. If either party brings an action
to enforce the terms of this Agreement, the prevailing party shall
be entitled to recover all costs and expenses, including attorneys'
fees, from the other party within reason.
(e) Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, and all
of which together shall constitute one and the same Agreement.
The Fútbol Factory LLC
10 Columbia Place C-79
Brooklyn, NY 11201
By: ____________________
Principal
Parent
Name:__________________________
Address:_________________________
Participant
Name:____________________________
Address:___________________________
POLICIES OF THE FÚTBOL FACTORY
Participant Code of Conduct
The Fútbol Factory, Inc. participants are expected to respect
the local people and customs of the host country in which they
are guests. Participants are subject to local laws, standards
of living, and all that comes with living in a foreign country.
Participants are also be subject to the rules and regulations
set forth by Danubio F.C.
Participant Responsibility
Participants are responsible for understanding issues related
to the legal, cultural, safety, health, political, and religious
issues of their host country. Participants are responsible for
themselves while traveling abroad and are expected to respect
local people, customs, property, laws, and all other aspects of
life in the host country.
Security
It is not possible for The Fútbol Factory or its partners
to be solely responsible for participants' security while abroad.
Each participant is responsible for his own safety and therefore
should be constantly aware of their environment and the situations
they put themselves in. Any activity which endangers oneself or
another participant in a The Fútbol Factory LLC. program
is unacceptable. A participant that knowingly and purposely engages
in such behavior may be asked to leave the program with no refund
at the sole discretion of The Fútbol Factory.
Drugs, Alcohol, and Weapons
The Fútbol Factory has a ZERO TOLERANCE policy with respect
to drugs, alcohol and violence. All The Fútbol Factory
participants are minors, and consequently The Fútbol Factory,
LLC WILL NOT tolerate any involvement, be it sales or possession,
of alcohol, drugs, any other illegal substances and/or violence
of any kind or weapons of any sort. Should The Fútbol Factory
or its affiliated partners learn of any such activity or illegal
purchases, those participants will be expelled from The Fútbol
Factory program immediately and no refund will be provided.
Program Activity Attendance
It is essential to attend all soccer training to keep up with
the group. Each participant is expected to maintain 100% attendance
to all scheduled activities (including sport, classes, social
activities, etc.). If deemed by The Fútbol Factory or its
partners that a participant has failed to attend courses in accordance
with their program requirements, The Fútbol Factory at
its sole discretion may dismiss the participant from the program
with no refund provided.
Free Time
Participants should be aware that The Fútbol Factory LLC
Program is an intensive athletic endeavor in nature and that "free
time" is somewhat limited. The Fútbol Factory Programs
are designed to be group activities and thus, we expect all participants
to engage in all activities. The Fútbol Factory's bilingual
professional staff provides daily supervision of participants.
Participants will NOT be allowed to travel apart from the group
at any time without explicit permission by a The Fútbol
Factory staff member. Parents CANNOT provide "special permission"
for participants to engage in any activity that is not part of
the regular The Fútbol Factory curriculum.
Participants are expected to arrive in a timely matter at all
times to group activities. The Fútbol Factory, Inc. reserves
the right to dismiss a participant that knowingly violates these
rules.
Local Customs and Laws
Participant understands and agrees that the program entails travel
to a foreign country, with different customs, standards, laws
and risks than Participant may be accustomed to. Participant understands
and acknowledges that (a) he may not agree with local customs
and standards; (b) he may be arrested and/or imprisoned upon acts
committed in violation of local laws; (c) there exists crime in
foreign countries and that he may be a victim of such crime. Participant
understands and accepts the above-described risks and other risks
associated with travel in, to and among foreign countries. Participant
understands that he is responsible for exercising caution and
common sense at all times and agrees to release and not hold The
Fútbol Factory responsible for any such problems encountered
while participating in a The Fútbol Factory program.
Accommodations Policies
The Fútbol Factory program fees paid by participant include
accommodation. Participant understands that The Fútbol
Factory, Inc. does not directly provide these accommodations and
therefore, The Fútbol Factory assumes no responsibility
for any issues that may arise with respect to participant's accommodation
once the program has begun. Any complaints or concerns regarding
accommodation must be addressed with The Fútbol Factory
staff in the host country. This includes issues relating to the
quality of the accommodations, issues relating to roommates, cleanliness
or any other issue as it relates to the accommodation.
While The Fútbol Factory program fees include transportation,
Participant is responsible for any costs incurred for transportation
outside the scope of the program. THE FUTBOL FACTORY does not
guarantee the location of accommodations nor does it guarantee
any amenities that may or may not be included in the accommodations.
Participant further understands and agrees that accommodation
is for the participant only and it is not possible to have friends,
family or others stay with you unless you have received express
written permission from The Fútbol Factory and the landlord
of the accommodations. Further, in light of having roommates to
consider, the fact that each landlord has its own rules for their
premises, and the security risks associated, entertaining guests
in the accommodations is also not permitted. Like each participant,
The Fútbol Factory is at the mercy of the accommodations
coordinator in the host country with respect to learning this
information and facilitating the best option for accommodation
available to each participant. Participant acknowledges and agrees
to all terms, conditions, and other information regarding accommodations
contained herein and our website at www.thefutbolfactory.com
Dispute Resolution Policies and Grievance Procedures
In the event where Participant has a complaint with any part of
a program, the following grievance procedures must be followed:
(1) Participant will address all such complaints, concerns, conflicts
or related problems immediately and directly with The Fútbol
Factory representative on the ground in the host location. At
which time, The Fútbol Factory and/or its partner organization
will attempt to rectify the problem by working directly with participant
and by offering proposed solution (s).
(2) If all proposed solutions have not rectified the problem
and the participant still feels the situation, including all proposed
solutions, is unreasonable, the Participant must notify the management
at The Fútbol Factory's head office in writing and explain
the full details of the situation. At this stage a decision will
be made by The Fútbol Factory at its sole discretion, whether
a refund of any amount is warranted. All decisions made by The
Fútbol Factory in its sole discretion, are final.
(3) If Participant leaves the Program before exhausting all grievance
procedures, no refunds will be provided and no further recourse
is available to Participant from that point.