1. ABOUT THIS AGREEMENT
1.1 If you participate in the EmPowerBall Football Leagues or any of our leagues (“Services”) you agree to be legally bound by this Agreement.

1.2 EmPowerBall, is run by Focus Ecommerce Ltd a company incorporated in England under number 11379344 and whose registered office is at 21 Orwell Close, Colchester, Essex, CO4 3YW (“we”, “us”, “our” or “EmPowerBall”). “you” or “your” means the person using our site to purchase and sign up to our Services.

1.3 This Agreement is only available in English and no other languages will apply.

1.4 When signing up to and purchasing our Services you also agree to be legally bound by:

1.4.1 our Website Terms and Conditions and any other documents referred to in them including the Online Communications Terms (available here) and Website Terms of Use (available here).

1.4.2 our Health Responsibility Statement (available here) – your agreement to our Health and Wellbeing Commitment Statement is required to participate in the Services.

All of the above documents form part of this Agreement as though they were set out here in full.

1.5 Any personal information you provide to us will be processed in accordance with our Privacy Policy 

1.6 If you have any questions about the Agreement (including the documents referred to at 1.4 above) or your participation in the Services, please contact us by:

1.6.1 sending an email to team@empowerball.co.uk

1.7 Should we need to contact you, we will do so by telephone or by writing to you at the email address you provided to us when signing up on our website.

2. OUR CONTRACT FOR SERVICES

2.1 This section sets out how a legally binding contract for our Services between you and us is made.

2.2 You subscribe to our Services by signing up to one of our clubs through our websites. This will require you to agree to be legally bound by the documents set out above.

2.3 We will only accept your application when we email you to confirm this. At this point:

2.3.1 a legally binding contract will be in place between you and us; and

2.3.2 we will provide the Services as described/in our confirmation email.

2.4 If there is any cause for concern with us providing the Services to you or otherwise in connection with your participation in a league, we may:

2.4.1 ask you to confirm in writing that you are fit an heathy and nothing of significance has changed in your medical condition or lifestyle which will affect us providing you the Services;

2.4.2 ask you to provide a letter from a medical doctor indicating you can undertake fitness and sports exercise; or

2.4.3 not accept your application for our Services until you have gone through a health check to our satisfaction.

2.5 If we are unable to accept your application, we will let you know and you will not be charged. Where a payment has already been made, a refund for this payment will be issued. We might not be able to accept your application if:

2.5.1 we cannot provide the Services as a result of concerns, including if we think your participation is not appropriate whether for medical or other reasons.

2.5.2 we cannot authorise your payment.

2.5.3 there has been a mistake on the pricing or description of the Services; or

2.5.4 you are not a suitable candidate to receive our Services including (but not limited to):

(a) if it would be irresponsible to provide you with the Services.

(b) if you would be excluded under the FA guidelines.

(c) if you are under the age of 18.

3. SCOPE OF SERVICES

3.1 While we endeavour to execute our services with due diligence and expertise, we cannot assure specific results or outcomes.

3.2 As part of our Services, we may offer various types of online communications via websites, mobile applications, software applications or on social media accounts (“Online Communications”). Any use of the Online Communications is subject to the terms and conditions of any third-party provider as well as our Online Communications Rules.

4. RIGHT TO CANCEL

4.1 You have the right to cancel your subscription within 14 days without giving any reason.

However, you do not have the right to cancel if you booked sessions to start during the cancellation period and attend sessions during this period.

4.2 The cancellation period will expire after 14 days from the date of our confirmation email.

4.3 To exercise the right to cancel, you must inform us of your decision to cancel this Agreement by a clear statement (e.g. a letter sent by post or email) using the contact Email to: team@empowerball.co.uk

4.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

4.5 We will not start providing the services during the 14-day cancellation period unless you ask us to. When you place an order for services or when you log-in to access the Dugout, you will be given the option to tick a box to request for you to receive our Services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once you receive our Services. If you do not tick the box, we will not be able to start providing our Services to you until the cancellation period has expired. We are not obliged to accept your request.

4.6 This means that if you requested for us to start providing Services during the cancellation period and we provide our Services to you during this period, you lose your right to cancel and will be required to pay the full price under this Agreement even if the cancellation period has not expired.

4.7 This does not affect your legal rights or the right that you have for our Services to be provided with reasonable care and skill.

4.8 Once a player has been assigned to a team and has requested that we begin providing services, you accept the responsibility to cancel your membership, where applicable, if you choose to leave the programme. EmPowerBall will only cancel a player’s subscription if they request a cancellation via this cancellation form or we lose contact with the member. EmPowerBall will cancel a card payment subscription only if a Player has either notified us in writing that they wish to discontinue their membership, or if we have notified the Player in writing that we have discontinued their membership.

4.9 We consider a completed season as someone who has attended 10 out of the 14 sessions. If a Player does not opt out of continuing with their membership following the end of a funded placement, they will automatically begin to be charged the standard monthly membership fee until they cancel their membership.

4.10 Special Offer: First month FREE, Player agrees to pay subscription fee at the end of the trial period and stay as a player for at least an additional month, unless cancelled within initial 14 days.

5. EFFECTS OF CANCELLATION

5.1 If you cancel this Agreement in accordance with paragraph 4 above, we will reimburse to you all payments received from you unless you requested for us to start providing Services during the cancellation period, in which case you must pay us for the Services we provided up to the time you told us that you want to cancel this Agreement, which will be an amount in proportion to the Services performed up to that point in comparison with the full price under this Agreement.

5.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement.

5.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

6. COSTS OF SESSIONS AND PAYMENTS

6.1 The fees for booking our Services (“Fees”) are set out in the FAQs on Why Join Page on our website at www.empowerball.co.uk. Our Fees are in pounds sterling and include where applicable VAT.

6.2 We accept payment by credit card and debit cards through Stripe only. Your card will be charged when you are assigned to a league/team and on the same day in each subsequent month (unless you cancel the payment or change the payment date).

6.3 All payments by credit card or debit card need to be authorised by the relevant card issuer.

6.4 Any registration fees are non-refundable unless the league is cancelled by us. If you ask us to delete your payment method, but resubscribe to our Services, you will be required to pay any related registration fees.

6.5 If you cannot attend a session that you have subscribed for, as this is a group activity we cannot re-arrange the session for another time and no refund will be offered.

7. YOUR OBLIGATIONS

7.1 You agree that you will comply with:

7.1.1 the EmPowerBall Football Rules, available here

7.1.2 the EmPowerBall Code of Conduct, available here

7.1.3 any such reasonable rules and safety notices as may be displayed and notified to you at the sessions from time to time.

7.2 Players and teams are required to obtain prior approval for sponsored kits before wearing them. Those found wearing unapproved kits will either be requested to change into approved attire or may face forfeiture of their games.

7.3 If you breach this clause while attending a session, we reserve the right to ask you to leave the session.

8. OUR RIGHTS TO END THE AGREEMENT

8.1 We may terminate this Agreement and your access to our Services immediately by giving you notice in writing if:

8.1.1 you commit a serious breach of this Agreement (including, in particular, any breach of clause 8 of this Agreement);

8.1.2 you commit frequent or repeated breaches of this Agreement; and

8.1.3 you fail to make payment due under this Agreement when due and after we have given you 14 days to correct such failure.

8.2 If you are removed from a session or we terminate this Agreement, it will not affect our right to receive any money you owe to us under this Agreement and no refunds are due for any pre-paid sessions.

9. COMPETING BUSINESSES

9.1 By subscribing to and/or attending our Services, you agree not to set up, advise on or create any competing mental health football services similar to the Services, either by yourself or in agreement with another:

9.1.1 within 15 miles of the original location that you attended or subscribed to our Services;

9.1.2 within 12 months from the date that you last attended a session and/or this Agreement is ended (whichever is later);

9.1.3 with other clients or customers who have previously received our Services during the time you received our Services; and

9.1.4 with our former or current employees.

9.2 We reserve the right to seek damages equal to the costs incurred in pursuing a claim against you and for any loss of earnings.

9.3 Any personal information received directly or indirectly while you subscribe or attend the Services (including any personal information available through our Online Communications) is our confidential information and personal data for the purposes of the General Data Protection Regulation (“GDPR”). We may refer any use of such personal information outside of this Agreement to the ICO as a potential breach of the GDPR.

10. DISCLAIMER

10.1 Prior to commencing any exercise regimen, it is advisable to consult with a medical professional. Engaging in physical exercise carries inherent risks of injury. Please note that we are not a medical entity and cannot provide medical advice or diagnoses. Any information provided by us should not be interpreted as such. Any information and reports generated by us should not be interpreted as a substitute for medical advice, evaluation or treatment.

10.2 You agree that you are fully capable of engaging in the Services and you do not think doing so would be detrimental to your health, safety or physical condition. By participating in our Service in any way, you agree that you are doing so voluntarily and, subject to clause 11 are doing so entirely at your own risk.

10.3 By participating in our Services, you confirm that the information you have provided to us in your Registration Form is complete and accurate. You will notify us of any changes to this information immediately.

11. OUR LIABILITY

11.1 Except for any legal responsibility that we cannot exclude in law (including for death or personal injury), we are not legally responsible for any:

11.1.1 losses that were not foreseeable to you and us when the Agreement was formed.

11.1.2 losses that were not caused by any breach on our part.

11.1.3 business losses.

11.1.4 losses to non-consumers; or

11.1.5 loss or damage to your personal belongings at our facilities.

11.2 If the performance of our obligations under this Agreement is affected by an event outside of our control, we will not be liable to you provided that we try to work around the event.

12. THIRD PARTY RIGHTS

No one other than us or you have any right to enforce any of these Terms.

13. DISPUTES

13.1 If you are unhappy with the Services we provide we hope you will discuss any problems or issues with us first. Please contact your league representative or by us using the email team@empowerball.co.uk

13.2 The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

13.3 Any disputes will be subject to the non-exclusive jurisdiction of England and Wales. This means that you can choose whether to bring a claim in the courts of England and