Full Terms and Conditions

1. DEFINITIONS

Agreement
The contract between team organiser and Fivez London which incorporates these Terms and Conditions.

Application
The website pages or paper entry form which requires details to be provided for participation in a Competition, or agreement of the same over the phone to our office.

Competition
A League organised by Fivez London.

Competition Fixture
A particular fixture within a Competition.

Competition Organiser
Fivez London Limited

Deposit
Any sum referred to as a Deposit by Fivez London (currently £100) and which is held by Fivez London pursuant to clause 4 of these Terms and Conditions.

Flexibility
Fivez London leagues allow for format flexibility. While Fivez London aims to provide leagues as per the structure advertised on the Fivez London website, Fivez London reserves the right to alter the league format without notice at any point prior to or during a league season. Confirmed teams will be invoiced or credited as necessary for any format amendments made.

League
A competition involving multiple teams and games in which the result is determined by points total. A League may also have associated Knock-Out Cup Competitions.

Participant
A person making or anticipated to make an appearance for a team in a Competition / Competition Fixture including as a non-playing substitute.

Supporters /Spectators
A person with permission from Fivez London to observe but not participate in a Competition.

Principal Organisation
The legal entity (such as a limited company, partnership or natural person) stated on an application on whose behalf the Team Organiser signs the application form and thereafter acts.

Rules
The Rules for different Competitions are available at Fivez London's website (currently www.fivezlondon.com)

Team
The players registered by the Team Organiser with Fivez London.

Team Organiser
The person who submits the application form and represents all the relevant team's Participants, the Principal Organisation (where applicable) and anyone else associated with the team at the competition.

Team Organiser / Principal Organisation
Team Organiser or, where applicable, his / her Principal Organisation whether acting through its Team Organiser or otherwise.

Terms and Conditions
The terms and conditions set out below.

Fivez London
Fivez London refers to Fivez London Limited main office.

Website or Fivez London Website
The website used by Fivez London for, among other things, advertising and providing information about its Leagues at whatever address from time to time used, currently, www.fivezlondon.com

Withdrawal
A telephone call to 07581 687 677 by the Team Organiser/Principal Organisation giving notice to withdraw in accordance with these Terms and Conditions.

2. COMPETITIONS

- 2.1 Prior to entering a Competition the Team Organiser must submit an application form either online or by phone.

- 2.2 In completing an Application Form, a Team Organiser is seeking to set up a contract subject to these Terms and Conditions between Fivez London and either:

The Team Organiser, by completing the application form online and checking 'I understand and agree to Terms and Conditions'.
The Team Organiser, by signing the application form;
A Principal Organisation, as stated on the Application Form and on whose behalf a Team Organiser has authority to sign the Application Form.

- 2.3 When an Application form has been received and accepted by Fivez London a contract for the supply of services shall exist between Fivez London and either the Team Organiser(s) or the Principal Organisation. If payment is received from the Principal Organisation, unless stated otherwise in writing, the contracting party shall be deemed to be the Principal Organisation.

-2.4 All Participants must be registered by completing the necessary forms (or agreeing to these terms over the phone) prior to competing for the Team. No Participant may be registered with more than one team in the same Competition. Participants may transfer their registration to another team during the course of the season with the agreement of Fivez London. Any team fielding unregistered, ineligible or suspended Participants or Participants registered with more than one team will be subject to penalties as detailed in the Rules. No Participant or Team will be accepted if suspended by any sporting governing body (e.g. County Football Association).

- 2.5 All Participants must be 18 years and over.

- 2.6 The Team Organiser / Principal Organisation agree to ensure that the team arrives for the competition ready to play at the scheduled time.

- 2.7 The Team Organiser / Principal Organisation is responsible for ensuring that all their team Participants are aware of and abide by the Rules of the Competition and have completed the necessary forms prior to competing in the league.

- 2.8 The Team Organiser / Principal Organisation and/or any team Participants will not be accepted into a league if monies outstanding from a previous Competition due from either the Team Organiser or the Principal Organisation.

- 2.9 Fivez London reserves the right to:

refuse entry of any Participant, team or organisation (including a Principal Organisation) from its competition without giving a reason;
exclude any Participant, team or organisation (including a Principal Organisation) from its competition for breaches of this Agreement or of the Rules or in respect of any misconduct whatsoever by its team Participants or supporters or associates of the same.

- 2.10 Fivez London will provide fixtures in advance for the Season.

- 2.11 When a published Season is complete, the next Season will be published and the League will continue straight away, usually the following week. All teams will be entered into the next season unless a notice of withdrawal has been received in accordance with section 5.2 below.

3. PAYMENT

- 3.1 The Team Organiser / Principal Organisation is responsible for ensuring payment is made in full prior to the start date of the Competition. In the event of receipt of invoice after the Competition start date the Team Organiser / Principal Organisation must ensure payment is received within 7 days.

- 3.2 The Team Organiser / Principal Organisation must ensure that any outstanding monies (including, but not limited to fines or additional fees of whatever nature properly due) at the end of the season are paid on demand.

- 3.3 Wholly at the discretion of Fivez London and without prejudice to any of its rights under this agreement, Fivez London may with prior written agreement allow the Team Organiser / Principal Organisation to pay for a competition by instalments.

- 3.4 All prices are as notified to the Team Organiser / Principal Organisation or, in the absence thereof, as set out on the website. All prices and arrangements are subject to VAT.

- 3.5 Fivez London reserve the right to alter and correct errors in the prices of any of the Competition shown on our website at any time before your booking is confirmed. You will be advised of the current price before your contract is confirmed.

- 3.6 Payment is accepted in Pounds Sterling only.

- 3.7 Fivez London does not accept cash.

- 3.8 Fivez London does not store any payment details. All payment details are stored and processed on secure SSL servers by our Payment Service Provider.

4. DEPOSITS & REFUNDS

- 4.1 All Teams who participate in League Competitions must pay a Deposit (currently £100) at the beginning of the League. In addition to confirming the Team’s place in the Competition the Deposit is held in addition to the payment for the League to ensure that any Cancellation fees owed by the Team (see clause 5) can be refunded to the opposition.

- 4.2 Fivez London will refund the Deposit at the end of the season when a request in writing has been received from the Team Organiser / Principal Organisation advising us of the payee of Deposit Refund. Deposits can be carried forward to the next season.

- 4.3 Fivez London may retain Deposits to set off against any amounts outstanding from the Team Organiser / Principal Organisation or in the nature of fines incurred by their team Participants and / or administration or other charges which may be incurred by Fivez London.

- 4.4 Fivez London will refund credit notes at the end of the season when a request in writing has been received from the Team Organiser / Principal Organisation advising us of the payee of Refund.

5. CANCELLATIONS & WITHDRAWALS

- 5.1 Cancellations - General

If the Team Organiser / Principal Organisation wishes to cancel participation in a Competition they may do so at any time by written notice to Fivez London provided that:

in no circumstances will any Deposit be returnable;
the cancellation will be effective from the date it is received at our offices.
applicable cancellation charges as detailed below will be payable to Fivez London to cover costs incurred by the cancellation.
If the Team Organiser / Principal Organisation cancels this Agreement and is entitled to a refund of any monies paid to Fivez London, Fivez London will usually refund any money received using the same method originally used to pay for the Competition.

- 5.1B CANCELLATIONS - 1 off cancellations (1- 2 games only)

In no circumstances will any Deposit be returnable;
If less than 24 hours notice is given for a cancellation you are still liable for your usual match fees and will also need to cover the oppositions fees due to the short notice.
If more than 24 hours notice is given the team will still be liable for match fees.
Should you have 2 cancellations in 1 season Dreamleagues may remove you from the league and you will still be liable for your seasons match fees.

- 5.2 WITHDRAWALS - LEAGUES

- 5.2.1 Once an Application is received, a team will continue to be included in all subsequent seasons until and unless they submit a Withdrawal.

- 5.2.2 To withdraw from the league the team captain must:

give at least 28 days notice before the end of that current Season.
fulfill the remainder of that season’s fixtures.

- 5.2.3 A team can only withdraw via phone on 07581 687 677. This is so that the final position regarding results and finances can be discussed and agreed.

- 5.2.4 Any team wishing to leave a league midseason they will still be liable for the full seasons fees.

- 5.2.5 Any team that leaves the league outside of the terms in point 5.2.2 and 5.2.4 above shall forfeit their team deposit and be liable for all fees as outlined below.

- 5.3 IF TEAM ORGANISER/PRINCIPAL ORGANISATION CANCELS LEAGUE COMPETITION

- 5.3.1 The Team Organiser / Principal Organisation must give at least 14 days' notice prior to the start of the Season. If a notice of cancellation is less than 14 days before the first day of the league the following cancellation charges shall become immediately due and payable to the extent that the same has not already been received by Fivez London:

- 14 days or less before league competition: 100% League cost plus Deposit cancellation charge

- 5.4 IF TEAM ORGANISER/PRINCIPAL ORGANISATION CANCELS LEAGUE FIXTURE

- 5.4.1 The Team Organiser / Principal Organisation must inform Fivez London if a team is going to cancel a fixture. If a Team Organiser/ Principal Organisation cancels a League Fixture cancellation charges as outlined below are applicable:

more than 5 days before league fixture: Match Fee Only;
5 days or less before league fixture: Match Fee plus 100% opposition Match Fee;
No Notice of Cancellation (No Show): Match Fee plus 100% opposition Match Fee plus £30 fee.

- 5.4.2 In the event of a ‘no show’ where the team does not arrive at the designated time and prepared to play (see Rules) without informing Fivez London or the opposition by 4pm on the day prior to the competition then, in addition to any fees charged pursuant to clause 5.2 herein, the Team Organiser / Principal Organisation will be fined £30.

- 5.5 IF THE OPPOSITION CANCELS LEAGUE FIXTURE

- 5.5.1If your opponents cancel a fixture, Fivez London will arrange a friendly game for your team, which must be played in order to obtain the 3 points and win by forfeit in the league.

- 5.5.2 If your opponents cancel a fixture with little or no notice, and should Fivez London fail to arrange a replacement friendly game, your match fee will be credited or reimbursed.

6. CONDUCT 7 DAMAGES

- 6.1 When a Team Organiser/Principal Organisation book with Fivez London, they accept full responsibility for any damage or loss caused by any Team Participant or Team Supporter or any member of the group. Full payment for any such damage or loss must be paid direct at the time.

- 6.2 If in our reasonable opinion or in the reasonable opinion of any other person in authority, any member of a Team or Supporters behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property or vehicles, we are entitled, without prior notice, to terminate the arrangements of the person(s) concerned or terminate the arrangements as a whole. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s). No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

7. SAFETY

- 7.1 The Team Organiser / Principal Organisation agree and understand that the Competitions provided by Fivez London usually involve the participation in contact sports and that:

such sports inevitably involve some element of risk on behalf of Participants. We therefore recommend that participants have Personal Accident Insurance;
pitch and court surfaces are usually artificial, and inevitably vary in nature and quality.
Fivez London takes care to select suitable and safe venues and properly qualified officals. However, Team Organisers / Principal Organisations agree and understand that Fivez London:
1. does not necessarily own or have exclusive occupation of premises used for Competition Fixtures;
2. has little or no control in respect of persons admitted to premises (including adjacent football pitches and surrounding perimeters) during Competitions or Competition Fixtures;
3. has little or no control as to how premises are used and left before and / or after Competitions / Competition Fixtures.
Team Organisers / Principal Organisation are responsible for ensuring that:
1. they do not allow their team Participants to commence a Competition Fixture until and unless satisfied that the surface and other conditions are safe for the activity in question having due regard to the characteristics of their team Participants;
2. they report to Fivez London at the earliest opportunity any perceived dangers, violence (or threats of the same), or any other misconduct of whatever type;
3. Team Participants abide by the applicable Rules of the Competition.

8. VIDEO / PHOTO RELEASE

- 8.1 The Team Organiser / Principal Organisation grant Fivez London the irrevocable right and permission to use photographs and/or video recordings of the Team Organiser / Principal Organisation and all its Participants on the Fivez London website and other websites and in publications, promotional flyers, promotional materials, or for any other similar purpose without compensation.

- 8.2 The Team Organiser / Principal Organisation understands and agrees that such photographs and/or video recordings of its Participants may be placed on the Internet. The Team Organiser / Principal Organisation also understands and agrees that they may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of its Participants.

- 8.3 The Team Organiser / Principal Organisation waive the right to approve the final product and agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all digital files are and shall remain the property of the Fivez London.

- 8.4 The Team Organiser / Principal Organisation on behalf of all its Participants releases, acquits and forever discharges Fivez London, its current and former trustees, agents, officers and employees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.

9. BREACH & LIABILITY

- 9.1 Fivez London shall provide its services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

- 9.2 In so far as Fivez London is in breach of the agreement and the breach is capable of remedy, Fivez London will use its very best efforts to provide a solution mutually acceptable to Fivez London and the Team Organiser / Principal Organisation.

- 9.3 In the event that the Team Organiser / Principal Organisation is in breach of any obligations under this contract, or is made bankrupt or is insolvent or has entered into form of insolvency procedure then Fivez London shall be entitled to terminate the agreement. In all such cases, cancellation charges will be in accordance details outlined above.

- 9.4 Notwithstanding the above, in the event of Fivez London:

breaching the agreement;
committing any tort, including the negligence or negligent misstatement of its servant or agents; and / or
being in any breach of any statutory or common law duty of care will have no liability to Team Organiser / Principal Organisation or any Participant save that Fivez London will indemnify the Team Organiser / Principal Organisation in respect of any death or personal injury caused thereby and in respect of which no limitation or exclusion is intended;

- 9.5 Without prejudice to the generality of the above, in no event shall Fivez London be liable for:

any damage to property whether arising directly or indirectly from any breach or tort;
loss of income, or profit, revenue, goodwill or anticipated savings whether arising directly or indirectly from any breach or tort;
loss or damage;
any indemnity in respect of Section 5 above.

- 9.6 Without prejudice to the generality of the above, the liability of Fivez London for all the losses caused by a breach or tort giving rise to a claim shall be limited to damages of 3 times the total amount paid by the Team Organiser / Principal Organisation to Fivez London pursuant to the Competition in respect of which the breach or tort shall occur, and which both Fivez London and the Team Organiser / Principal Organisation have considered and agree is a reasonable sum given the respective positions of the parties and the types of direct losses likely to occur.

- 9.7 Fivez London cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you. Fivez London employees and local representatives are instructed not to act as agents in booking any alternative activities. Any assistance they may offer at your request does not imply they have acted as an agent or that these activities have been approved and are offered for sale by Fivez London.

10. VARIATIONS & AMENDMENTS

- 10.1 If due to circumstances beyond Fivez London’s control it has to make any change in the arrangements it shall notify the Team Organiser / Principal Organisation forthwith. Fivez London shall endeavour to keep such changes to a minimum and shall seek to offer the team organiser arrangements as close to the original as is reasonably possible.

- 10.2 Fivez London reserves the right to do the following:

amend any accidental error or omission on pricing of the Competition;
amend any quotation in order to reflect a change in circumstances beyond the reasonable control of the company;
vary its schedule of charges from time to time;
amend the format of the competition without notice to allow for flexibility. Confirmed teams will be invoiced or credited as necessary for any format amendments made.

- 10.3 Variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Fivez London.

11. COMPLAINTS

- 10.3 If your Team experiences a problem during the Competition, please inform your Fivez London contact immediately who will endeavour to put things right. If you remain dissatisfied, you should telephone our UK office on +447581687677. If your complaint is not resolved locally, the Team Organiser/Principal Organisation only should follow this up within 28 days of your return home by writing to our Managing Director at Fivez London Ltd. Please note that we will only deal with the Team through the Team Organiser/Principal Organisation.

12. ASSIGNMENT

- 13.1 This Agreement shall not otherwise be assignable by the Team Organiser / Principal Organisation without the prior written consent of Fivez London which consent shall not be unreasonably withheld.

- 13.2 Fivez London may assign this Agreement to any person.

13. FORCE MAJEURE

- Fivez shall not be liable for any loss or damage cause by delay in the performance or non-performance of any of its obligations where the same is occasioned by any cause whatsoever that is beyond Fivez London's reasonable control including but not limited to an Act of God, war, civil disturbance, un-preventable flood, failure or neglect on the part of any utility supplying electricity, gas or water, the unavailability of or the prevention of access to premises, governmental regulations, prohibitions or enactments of any kind, strike, lock-out or trade dispute (whether involving its own employees or those or any other person), difficulties in obtaining staff or materials, breakdown of machinery, fire or accident or loss of premises. Should any such event occur the Fivez London may cancel or suspend the Agreement without incurring any liability for any loss or damages thereby occasioned.

14. THIRD PARTY RIGHTS

- The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply and a person who is not a party to the contract shall have no right under that Act to enforce any term of the agreement

15. WAIVER

-Any failure by Fivez London to exercise any rights under these conditions shall not constitute a waiver or prevent the subsequent exercise of such rights.

16. UNENFORCEABILITY

-If any provision of this Agreement is agreed by the parties to be illegal, void or unenforceable under any law that is applicable hereto, or if any court or other authority of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be removed here from with effect from the date of such agreement or decision or such earlier date as the parties may agree.

17. APPLICABLE LAW & JURISDICTION

-This contract shall be governed by English Law and shall be subject to the sole jurisdiction of the English Courts.