TERMS OF USE AND GENERAL CONDITIONS

The COMMUNITY BASKETBALL LEAGUE LTD, is an incorporated non-profit, private company, limited-by-guarantee and registered in England and Wales under company number 11291761.  Community Basketball League, 6th Floor – 2 Lakeside Drive, London, England, NW10 7FQ.

In signing up to participate as a player, coach or official in our league and confirming you have read these terms and conditions, the following points are assumed to be accepted and agreed to by the Team Manager and all participants (or parent/guardian if the participant is under 18).

1           Definitions.

1.1.  “Team Manager” means a nominated adult who will be responsible for the payment of the Fees and who is the contracting party to this contract on behalf of the represented team.

1.2.   “Community Basketball League” means the company with whom you have entered into this agreement.

1.3.  “Season” means any of the games or competitions you are attending or participating in. These games or competitions include, but are not limited to, the CBL Regular Season, CBL Playoffs, CBL Finals, CBL London Cup, CBL Community Classic, CBL Draft Workout.

1.4.  “Registration Form” means the form relating to the Registration or re-Registration of teams for each Season.

1.5.  “Fee” means the monetary cost per Season as specified on the Registration form.

1.6.  “Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Community Basketball League and the Team Manager.

2           Acceptance of Terms and Conditions.

2.1.  All agreements relating to the management and administration of the Season for all Team Managers and their respective teams are subject to these Terms to the exclusion of all other terms and conditions.

2.2.  No variation or addition to the Terms shall be binding unless agreed in writing by the Community Basketball League and the Team Manager.

2.3.  The Terms shall be deemed to have been accepted by the Team Manager upon receipt of a completed Registration Form and payment of the Fee by or on behalf of the Team Manager.  Payment by the Team Manager shall be deemed to have been made on behalf of the applying team.

3           Fees and Payment.

3.1.  The Team Manager shall pay the whole Fee to Community Basketball League at least 4 weeks prior to the start of the Season, unless alternative arrangements have been made in writing with an authorised representative of the Community Basketball League.

3.2.  Payment for the Season is to be processed electronically online via BACS (bank transfer) or card payment using Stripe, using the details provided at point of registration.

3.3.  When paying via Stripe online, we will accept the following cards as viable means of payment: Visa Credit, Visa Debit, MasterCard Credit, MasterCard Debit.

4           Refund Policy

4.1.  In the event of a Team Manager cancellation 21 days  before the first day of the Season, the Team Manager will retain the option of a 100% Season credit for the following season, or receive a 75% cash refund (25% of the registration fee will remain with the Community Basketball League to cover administration and weighted losses against the cancellation).

4.2.  In the event of a Team Manager cancellation 20 days or less before the first day of the Season, no refunds will be issued.  Where possible, the Community Basketball League will issue a 50% Season credit for the following season. 

4.3.  Once the Season has begun, the Fee is non-refundable under any circumstances whatsoever.

4.4.  If the Season, or any part thereof, is cancelled as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, etc), strikes, terrorist activity, or where local authorities/public guidance advise that activities should be temporarily suspended for health or other reasons, then no refunds will be given, however a credit will be issued to all registered teams, which is to be redeemed at the rescheduled date of the intended Season or deferred to the following season.  If the team is unable to attend the rescheduled date(s), the credit will roll-over to the next available Season and continue to be valid for a maximum of 12 months after the date of credit receipt or until such time as the credit has been redeemed.  At the end of 12 months, any unused credit will cease to be valid.

4.5.  In the event of a refund being due in whole or part of the Fee, Team Managers will be refunded by BACS within 30 days of the refund being agreed.  It is the responsibility of the Team Manager to provide correct bank details into which any refund is transferred to.

5           Cancellation.

5.1.  The Community Basketball League reserves the right to cancel this contract at any time before the Season commences for any reason whatsoever.  The Community Basketball League shall not be liable for any loss or damage whatsoever arising from such cancellation.

5.2.  In the event of cancellation by Community Basketball League prior to the commencement of the Season, not related to Clause 4.4, the Community Basketball League will refund any fees outstanding within 30 days of the date of cancellation.

6           Team Manager’s Responsibility.

6.1.  The Team Manager warrants and represents that:

6.1.1.    The information set out in the submitted Registration Form is accurate in all respects and the Team Manager will notify Community Basketball League of any change in such information immediately.

6.1.2.   The Team Manager has received written or electronic mail permission to participate in the Community Basketball League under the Terms set out in this document from every parent or guardian of each player represented on the applicable team.  

6.1.3.  The Team Manager is exclusively responsible for gathering, safely storing and responsibly managing all permissions, medical information and all other pertinent information relevant to the players and coach’s safe participation in any Community Basketball event and applicable Season.

6.1.4.         When attending any Community Basketball League event or any part of the Season, the players, coaches and all attending representatives from their applicable team will not be suffering from any contagious illness, disease or anything similar thereto.

6.1.5.   The representative players and coaches are in good health and do not have any medical condition that should prevent the players or coaches from safely participating in the Season. As the team representative, I agree to inform the Community Basketball League immediately of any changes to the players or coaches’ medical circumstances prior to the Season or any part thereof.

6.1.6.  All adults working with or around children within the team are DBS certified and the Team Manager holds a valid DBS number(s) for all coaches who are to participate in the Season that has been issued no earlier than 18 months from the date of today and agrees to provide this information upon request from the Community Basketball League.

6.1.7.  All head coaches participating in the Season are qualified to a minimum Level 2 standard (or equivalent) and the Team Manager has a copy of each coaches’ certificate(s) and agrees to provide this information upon request from the Community Basketball League.

6.1.8. All coaches have completed a Safeguarding course and are aware of all of the potential risks, concerns and intervention and response protocols necessary for the protection of children under their care. In joining the league, the Team Manager confirms a copy of each coaches’ Safeguarding certification is held by the participating club and agrees to provide this information upon request from the Community Basketball League.

6.2.  Assumption Of Risk. The Team Manager agrees and confirms that in giving permission for the player(s) to participate in the Season the parent/guardian of each participant has read these Terms and has understood and agreed with the Team Manager that:

6.2.1.  Participation in or attendance at any event connected to the Season involves inherent risks and dangers of accidents, serious personal and bodily injury and property loss or damage. The parent understands and has considered and evaluated the nature, scope and extent of the risks involved, and voluntarily and freely chooses to assume those risks on behalf of the named player submitted by the Team Manager. 

6.2.2.  The Community Basketball League will not provide the players or coaches with any health, life, medical or liability insurance for any loss or damage that may arise in connection with participation in or attendance at any event connected to the Season, apart from any direct and proven professional negligence administered by the Community Basketball League and/or appointed staff.

6.3.  Film and Video Release and Permission.  In consideration of the Community Basketball League allowing the player’s and coach’s participation in the Season, the parent/guardian and Team Manager acknowledge and agree that:

6.3.1.  The Community Basketball League may be photographing or filming the player and/or coach during the Season for technical review, advertising, promotional or any other commercial purposes. In registering for the Season and paying the Fee, the Team Manager confirms he has successfully sought the permission from the parent/guardian to irrevocably grant the Community Basketball League, their named affiliates, successors, assigns and licensees the unlimited permission to use, throughout the world and without any compensation, any photograph, video, image, interview or sound in any media of its choice relating to the player or coach’s, image, likeness, voice and demographical information in any media of its choice, including but not limited to televisions, DVDs, films, radios, newspapers, magazines, websites, catalogues, brochures, displays for the purpose of advertising, promotion, or any other commercial purpose in connection with the Season and related activities.

6.3.2.     If the parent/guardian does not want the player or coach to be included in any media, the parent/guardian reserves the right to request the player or coache’s image or likeness to be removed or blurred from any media produced to which the Community Basketball League will comply, within reason.  In such an instance, it is the responsibility of the Team Manager to contact the Community Basketball League on behalf of the parent and request the participant is removed or excluded from any photo shoots or filming sessions prior to the Season.  If this request is made after the commencement of the Season, while the Community Basketball League will exercise best endeavours to edit or remove the participant from any media, he/she may be featured in, the Team Manager agrees that this may not always be possible and warrants that he/she will inform the parent/guardian prior to the commencement of the Season.  

7           Discipline and Behaviour.

7.1.  In the event that Community Basketball League determines the behaviour of a player or coach to be unacceptable, the Community Basketball League reserves the right to exclude the player or coach from the Season permanently or for such period as Community Basketball League shall (in its entire discretion) determine.

7.2.  The standard of behaviour which is to be regarded as unacceptable at any event connected to the Season shall be determined by the Community Basketball League and is guided by the Code Of Conduct.

7.3.  In the event of an exclusion of a team from a Season, on the grounds of unacceptable behaviour, all Fees paid for the Season are non-refundable.

8           Exclusion of Liability.

8.1.  Except in the case of fraud and subject to clause 8.4, the Community Basketball League, its officials, volunteers, employees or agents accept no responsibility under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the parent/guardian, player, coach, Team Manager or any other party arising directly or indirectly or in any way connected with attendance of any event connected to the Season(or any part thereof) or any other act or omission on the part of Community Basketball League or any of its officials, volunteers, employees or agents, even if such act or omission is negligent.

8.2.  The Team Manager agrees (for and on behalf of the parent and the player) that any claim by the parent or the player against Community Basketball League or officials, volunteers, employees or agents of the Community Basketball League, must be brought within 30 days of the event that gave rise to such claim. Any claim made thereafter shall be time-barred.

8.3.  The Team Manager and parent/guardian acknowledges, warrants and undertakes (for and on behalf of the player) that the maximum aggregate liability of Community Basketball League to the parent and/or player or coach under these terms shall not exceed the Fee.

9           General.

9.1.  Any notices to be sent by either party to the other shall be sent by email to the address of the relevant party and shall be deemed to have been received by the addressee once acknowledged by the recipient via return email. 

9.2.  The failure by either party to enforce at any time, or for any period, any one or more of the obligations arising under these Terms shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms.

9.3.  The Team Manager, in agreeing to the terms of this contract, consents to their data and the data of players and coaches on their team being shared with other companies strictly within the London Basketball Group.  For the avoidance of doubt, these companies shall exclusively be London School of Basketball Ltd., Community Basketball League Ltd., Midnight Madness Global Ltd., Reach & Teach Foundation and all successors and assignees and used only to the extent of informing the individuals of related opportunities and related to the Season. 

9.4.  The parent/guardian and Team Manager reserve the right to opt out or be removed from any mailing list or database held by the Community Basketball League and its successors, upon request.  

9.5. These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is no contained herein shall be binding or form part of this Agreement.

9.6.  This entire agreement shall be governed by English Law and shall fall under English jurisdiction.