TERMS & CONDITIONS

This document applies to EyUp Sports Community Interest Company (known as EyUp Sports) and all the subsidiaries associated, such as EyUp Wellbeing and EyUp FC Bradford.

Last modified August ‘23.

Please note that this is a summary, and the full document contains more detailed information about each of these points. It's essential for individuals participating in EyUp Sports to carefully read and understand these terms and conditions before engaging with the services offered by the organization.

The provided document outlines the terms and conditions for participating in EyUp Sports and its associated subsidiaries, including EyUp Wellbeing and EyUp FC Bradford. It covers various aspects related to health, safety, payment, liability, and more. Below is a summary of some key points and sections from the document:

Agreement and Acceptance: By attending or using any EyUp Sports services, individuals agree to the legally binding terms and conditions outlined in the document. Failure to register with EyUp Sports may result in the suspension of any liabilities or insurances provided by the company.
Health and Fitness: EyUp Sports encourages participants to consult a doctor before engaging in sports or exercise activities if they have any doubts about their fitness or medical conditions. Participants are responsible for their own health and safety during activities.
EyUp Sports' Commitment: EyUp Sports commits to providing enjoyable team sports, ensuring the safety of facilities and equipment, and making reasonable efforts to accommodate individuals with disabilities.
Participant Commitment: Participants are expected to behave appropriately, dress accordingly, follow rules and instructions, and exercise within their abilities. They should also inform EyUp Sports of any relevant medical conditions or changes in health.
Health Disclaimer: EyUp Sports is not a medical organization, and participants are advised to seek medical advice before starting any weight-loss or fitness program.
Limitation of Liability: EyUp Sports limits its liability for damages resulting from the use of its services and requires participants to defend, indemnify, and hold the company harmless from third-party claims.
Intellectual Property: EyUp Sports' original content and features are protected by intellectual property laws.
Termination: EyUp Sports reserves the right to terminate access to its services without cause or notice.
Links to Other Sites: EyUp Sports is not responsible for the content or practices of third-party websites linked from its digital solutions.
Disclaimer for EyUp Sports Services: Participants acknowledge the inherent risks of physical activities and agree to voluntarily participate in EyUp Sports activities at their own risk.
Teams: EyUp Sports reserves the right to alter teams for safety and fairness.
Costs and Payment: The document outlines payment procedures, including direct debits and team sponsorship rules.
Cancellation and Refunds: Policies regarding late arrivals, session cancellations, and refunds are detailed.
Use of Online Communications: The use of online communications, such as social media and websites, is subject to terms and conditions and privacy policies.
Limitation on Liability: EyUp Sports limits its liability for damage, injury, or death and specifies circumstances in which it is not liable.
Contact Information: Contact details for EyUp Sports are provided for correspondence.
Disputes: Disputes are to be resolved according to English law in the courts of England and Wales.
Removal from EyUp Sports: EyUp Sports reserves the right to remove participants from its programs.
Changes to Agreement: EyUp Sports may modify the terms and conditions, with any changes posted online. Continued participation implies acceptance of the new terms.

Please read these Terms and Conditions and by attending or using any EyUp Sports services you agree to the legally binding terms and conditions, privacy and your obligations.

Failure to register with EyUp Sports may result in your suspension of any liabilities or insurances provided by EyUp Sports Community Interest Company.

By accessing or using EyUp Sports media in any manner, or including, but not limited to, visiting or browsing our websites, including 3^rd parties such as Facebook or Instagam, participating in any of our sports activities or contributing content or other digital materials, you agree to be bound by these Terms and Conditions.

Capitalized terms are defined in this Agreement. If you give us your contact details we reserve the right to contact you for matters relating to any of the above, including all forms of communication, for example; you should have provided details on Pitchero and/or The Whole Game and/or EyUp Web App.

Below are the terms and conditions on which we provide sports services (the Services). Before you agree that we will provide Services to you, please read the terms and conditions.

If you have questions concerning these, please email business@eyupsports.com

EyUp Services
Our volunteers, staff, consultants and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise or participate in any sports, we strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using all facilities and reading any applicable signs.

Completion of forms

We may, periodically, ask you to complete a form for our records, as stated by yourself, including; Your personal details, name, age, gender, contact details, emergency contact and your current state of health or medical conditions we need to be aware of. Please make sure you your health is in good order, for example including your blood pressure, heart rate, basic metabolic rate and seek medical advice if unsure. This information may be shared with team captains and/or your team for emergency contact needs.

We have carefully considered what we can reasonably expect of each other in this Commitment Statement below.

Your Overall Health and Fitness

Our aim is to help you to feel better and improve your mental and physical wellbeing, and we try to make this as enjoyable as possible through participation in sports. We know that everyone has different aims, levels of skill, tolerance and fitness.

Your health is always your responsibility. It is therefore your responsibility to ensure that there are no medical reasons why you should not embark upon a recreational sports exercise and wellbeing. If in any doubt at all, you should take medical advice from your doctor or health practitioner.
Anyone who has any medical problems must obtain their doctor’s permission to embark upon any other non-sport activity with EyUp Sports Community Interest Company. Anyone who has diabetes should inform us and always follow the advice given by their diabetes care team.
If you have or if you are concerned that you may have an eating disorder it is important to consult your doctor for advice.
If you have had surgery then you must have approval from your doctor or health practitioner that it is appropriate for you to join EyUp Sports Community Interest Company.
It is required that each member takes responsibility for themselves when doing any exercise which has been advised by EyUp Sports Community Interest Company or their representative, either at or outside the group. If at any time while exercising a member feels any ill effects then they must stop doing the exercise and we advise they check this out with their doctor.

EyUp Sports Community Interest Company’s commitment to you

We will support you in our to provide enjoyable team sports.
We will adhere to your own decisions about your exercise levels. We ask that you do not exceed your personal exercise levels or go beyond your own abilities.
We will make every reasonable effort to ensure all facilities, equipment and venues are safe and are in a suitable condition which is fit for purpose.
We will endeavour to make sure that staff present provide the service’s they are trained to do to a necessary standard.
If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our Sessions, equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.

Your commitment to EyUp Sports

While you are attending sessions, we expect you to behave appropriately, respectfully and politely, and dress appropriately at all times. We can prevent you from attending a session or ask you to leave if we think that your behaviour or your appearance is not suitable. This includes EyUp Wellbeing and/or EyUp 11’s and/or EyUp Flexi.
You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
If you are not sure how to use any equipment, always ask us before using anything.
Before you participate and or use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with your participating safely. If you have concerns about your physical condition, you must not do strenuous physical activities without first getting medical advice.
If you have any sort of disability, you should follow any reasonable recommendations to maintain personal safety.
You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified medical staff, but there will be a person available who has had first aid training.
You should not attend a facility or participate in a Session if you have an infectious illness or condition, or if you are under the influence of drugs or alcohol.
To make sure you get the most from every activity that you do in the safest possible way, you should always make sure that you warm up properly and take time to cool down after your activity.
You should not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition during physical activity.
You should tell the coach or a member of the membership team when you join about anything that is relevant to your physical condition. You should continue to keep this information up to date throughout your membership.
You are responsible for monitoring your own physical condition. If you suffer any unusual symptoms, you must immediately stop the activity and tell us or an appropriate member of staff at the facility.
You are responsible for organising your own insurance against injury. EyUp Sports Community Interest Company provides public liability insurance and employer liability insurance through insurance with the England FA and Endsliegh Insurance. These will not cover you to a decent level, they are more for ‘player on player’ insurance claims.
If you know or are concerned about a medical condition which might affect your ability to partake in sport/exercise you must get advice from your GP and follow that advice.
You should be aware of all rules, regulations and instructions including any fire exits or notices.
You should not carry out any activities which you have been told are not suitable for your own personal exercise abilities. An example is ‘concussion’, we follow FA Guidance and you must provide doctors evidence you are clear to play.
You should let us know immediately if you become ill or have injured yourself in any way. EyUp Sports Community Interest Company staff will refer you to an appropriate first aider.

Health Disclaimer
We may provide weight management and information or content published over the Internet and is intended only to assist users in their personal weight-loss efforts.

EyUp Sports is not a medical organisation and our staff cannot give you medical advice or diagnosis. No advice or information provided should be construed as such diagnosis, they are guidance only for you to seek professional option and further information if required.

You are urged and advised to seek medical advice before beginning any weight-loss effort or regime. All content is not intended for use by minors, pregnant women, or individuals with any type of health condition or in the lower BMI range. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight-loss effort or regimen.

Before starting any weight reduction plan, you should make sure that you are not underweight

Limitation Of Liability
In no event shall EyUp Sports, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.

Intellectual Property
EyUp Sports and its original content, features and functionality are owned by EyUp Sports Community Interest Company and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination
We may terminate your access to the EyUp services and technology, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

In accordance with GDPR regulations, your personal identifiable information will be deleted subject to legal requirements, such as keeping records of payment information for HMRC.

Links To Other Sites
Our digital solutions may contain links to third-party sites that are not owned or controlled by EyUp Sports Community Interest Company.

EyUp Sports has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Disclaimer for EyUp Sports services

When participating in any exercise or exercise program, there is the possibility of physical injury. If you are in any doubt or have any health concerns, the advice of a medical professional should be sought before participating in any physical activity or exercise program. If you engage in this exercise or exercise program, you agree that you are doing so voluntarily and entirely at your own risk. Furthermore, you hereby release EyUp Sports from any and all liability arising out of your participation of the above mentioned activities and waive any rights herein to assert any claim(s) for damages or bodily injury to the fullest extent permitted by law.

The EYUP SPORTS coaches, managers or facilitators accept no responsibility for any, damage or injury to any participants / non participants, or to the personal property of any participant / non participant (or to any person accompanying whether by invitation or otherwise) who enters upon the instructor’s premises for whatever purpose and whether such , damage or injury is caused directly or indirectly by the instructors. Every participant by accepting these terms and conditions hereto warrants that to the best of their knowledge and belief they are suffering from no physical disability or illness whether or not such disability or illness is or may be affected by exercise of whatever degree, and further warrants to advise the Instructors if, after becoming a member they suffer from such disability or illness and every applicant by accepting these terms and conditions agrees to indemnify the Instructors and EyUp Sports in respect of any disability or illness whether suffered in the class or otherwise. It is the responsibility of the participant to ensure that if they start to feel unwell during the session then they should not continue with physical activity and seek appropriate medical advice. By participating in a EyUp Sports activity, every participant agrees to abide by our rules and regulations and understands the management reserves the right to refuse entry should these be contravened. Appropriate clothing is required at all times during sessions and it is your responsibility to provide this unless otherwise stated.

I, the Participant, fully understand and acknowledge that I am legally agreeing to the statements by proceeding with this registration and that these statements are being accepted by EyUp Sports Community Interest Company in consideration for permitting me to participate in the Events; and I further understand and acknowledge that my statements are being relied upon by EyUp Sports Community Interest Company and by the organisers, administrators, representatives, volunteers, staff, officials, contractors, employees, agents and all other persons involved in the Events (collectively known as the ‘Organisers.’)

I acknowledge that the events can be a test of a person’s physical and mental abilities and have potential for death, serious injury and/or property damage. I acknowledge and agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy to safely participate in any Events, and I confirm that I am sufficiently fit and physically trained to participate in the Events. On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns I HEREBY FULLY WAIVE, RELEASE, and FOREVER DISCHARGE, INDEMNIFY and HOLD HARMLESS the Organisers from and against any and all claims, causes of actions, damages, es (economic and non-economic) and liabilities of every kind except for death and/or personal injury caused by the negligence of the Organisation which may arise out of, result from, or relate to my participation in the Events I acknowledge and ASSUME ALL OF THE RISKS of participating in all aspects of the Events (‘Risks.’) I acknowledge that the Risks may include dangerous conditions and exposure to potential physical injury or even death and I am fully waiving and releasing my legal rights to make any claim (apart from any claim relating to death or personal injury caused by the negligence of the Organisers) in addition to any injury or damages.

Teams

We reserve the right to alter teams and to move team members to ensure a safe and fair league system is in place. This may mean moving players and re-distributing them around the teams. We will always seek to do this in accordance with the players’ wishes and best interests.

Performance of the Services

We will provide you with the Services only as long as you promise to abide by these terms and conditions. Your agreement to take part in EyUp Sports Community Interest Company also requires your commitment to the Health and Wellbeing Commitment Statement.
If there is any cause for concern with us providing the Services we reserve the right to:

- ask you to confirm in writing that the information you provide remains accurate and that nothing of significance has changed in your medical condition or lifestyle which will affect any Services we will provide; or
- ask you provide a letter from a medical doctor indicating you can undertake fitness and sports exercise and or make significant dietary changes; or
- not provide any Services until you have gone through a health check.
We provide our Services on the basis of a series of Sessions. This is because the best results or benefits are usually only possible if you commit to a series of Sessions.
It is not possible that any particular result or outcome can be guaranteed as a result of us providing our Services but our aim is to provide you the Services:
- by using reasonable care and skill; and
- that comply with commonly accepted industry practices and standards.
If any form of training or exercise we can offer is not suitable for you or that the form and type of training and exercise you require is not medically safe for you to undertake. In such cases we may require that you should consult with a medical doctor (such as your GP). In such cases, before we can perform any Services we may require a report or letter from a medical doctor to indicate that you can undertake exercise and training.

Facilities

To protect the safety of all members and guests, you must pay particular attention to all signs relating to health and safety in facilities where Sessions take place. If you do not understand a notice or sign please ask us or a member of staff at the facility.

You must ensure that you make yourself fully aware of fire exits at facilities. If there is a fire or if you hear the fire alarm, you should make your way out of the club through the nearest possible exit to the advertised assembly point.
If you suffer an accident or injury at a facility you must report it to and the circumstances under which it happened to us as well as to an appropriate member of staff at the facilities immediately.
For legal and health reasons, you must not smoke while using any facilities for Sessions.
For your safety, you must wear appropriate clothing, including footwear for the playing surface and facilities.

Car parking

We do not guarantee that car parking is available at any facilities.
You park in any facility car park at your own risk. We do not accept liability for any or damage to your car, or personal belongings in it, while you are parked in any facility car park whilst attending a Session.

Belongings

You bring all personal belongings to any facility at your own risk. We do not accept legal responsibility for any or damage to these items.

Sessions and Services

Your arrival, changing and set up should not be less than 20 minutes before your scheduled game kick-off;
We aim to provide you with wellbeing weight and health services prior to attending the pitch.
You will be given at least 15 minutes warm-up time with your team in advance of kick-off.
Game time will be approximately 60 minutes.
You will be given approximately 10 minutes to warm down and leave your pitch as you found it.
EyUp Sports Community Interest Company also provide online community and support services via individual messaging and/or social media groups.

Stopping a Session

At any time during a Session if in our opinion we consider that:
- you appear to be unwell or becoming unwell; and/or
- not following my reasonable instructions (such as not following instructions intended to protect your, our or another person’s safety); and/or
- you are behaving or acting unreasonably or are offensive, then we may wish to stop your participation in a Session and future Sessions and not continue it.

Subscriptions and Pay As You Go (PAYG)

Our fees are regularly updated across our online media.
Subscriptions are required for Wellbeing Leagues, other services can be either subscription and/or PAYG.
We reserve the right to increase our costs but promise that we would always notify you in writing in advance if this was the case.
As a not for profit community interest company, we endeavour to provide good value for money.

Payment

By proceeding with subscription you accept the responsibility to cancel any direct debits, where applicable, if you choose to leave the scheme. EyUp Sports Community Interest Company will only cancel a player’s direct debit if they state in writing to business@eyupsports.com that they require us to. As of June 2023, new payment subscriptions will be charged to your card on record when you setup your subscription. EyUp Sports Community Interest Company 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.
Team sponsorship and merchandise are revenue streams for EyUp Sports Community Interest Company and as such teams may not wear sponsored kit without:
- informing the central team via business@eyupsports.com that they intend to do so and submitting the name of the team and the logo of the proposed sponsor and,
- purchasing official kit in consideration of exposure and press coverage given to the sponsor via the league.

We have to enforce this rule seriously not only to protect income for the leagues but also because we do not want inappropriate sponsors associated with the league, which could threaten the integrity and ethos of EyUp Sports.

If your payment via subscription fails, strip will continue to take you subscription every 3 or 4 days until successful.
By default, your monthly payment subscription will commence from the date on which you are setup your subscription.
If you wish to change the regular date on which your payments are made each month, you can arrange in advance to make a pro rata payment for the days between your default due date and your preferred collection date.

If you are late for a Session or you cancel

If you are late

- If you are late arriving to a Session and arrive later than the time set out and if, in our reasonable opinion, we consider that providing our services will serve no practical value or will be unsafe for you we may exclude you from the session. You will still be expected to pay for the session however.
If you cancel
- If you cancel a session when you have a repeat subscription, as this is a group activity we cannot re-arrange the Session for another time and no refund will be offered.
If you take a break
- It is reasonable to continue your subscription if you are taking a short holiday (two weeks).
- If your short break is longer that 15 days, we can suspend your subscription if you inform us in writing, in advance, via business@eyupsports.com
Refunds
- We will endeavour to make refunds within 2 working days if it can not be rearranged upon agreement of value.

Bank Holidays

If a EyUp Sports Community Interest Company session is cancelled due to Bank Holidays, poor weather or a facility shutdown you will receive prior notice via email and through the leagues affiliated groups. We aim to issue as much notice as possible (at least 24hrs) and pro-rate fees.

If it is agreed that EyUp Sports Community Interest Company have failed to deliver the experience advertised and a player decides to leave after attending only one session, there is no refund as the first session is free.

If a player registers for EyUp Sports Community Interest Company and does not attend a session, it may be agreed that the member is entitled to a full refund for the month/s membership.

All agreed refunds will be issued to you within 2 working days.

Use of Online Communications

As part of the Services we provide we may offer various types of online communications via websites, mobile applications, software applications or on social media accounts (the Communications’). Any use of the Communications are subject to the terms and conditions of any third party provider as well as the Rules set out at Schedule 2 herein.
Accepting these Terms and Conditions is also taken as an acceptance of this Privacy Policy which can be reviewed upon request to business@eyupsports.com

Limitation on our liability to you

Our liability to compensate you for any or damage (in the case of or damage other than death or personal injury) is Community Interest Company to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us. Our liability for death or personal injury is also subject to certain limitations below

Limitation and exclusion of liability for personal injury and death

We will compensate you for any or damage you may suffer if we fail to carry out duties imposed on us by law (including if we cause your death or personal injury to you by our negligence) unless that failure is attributable to:
- your own fault;
- a third party unconnected with the provision of Services under this contract; or
- events which we could not have foreseen or forestalled even if we had taken all reasonable care.

Contacting each other

If you wish to send us any notice or letter then you should send it to business@eyupsports.com. If we wish to send you a letter or notice we will use the address you have given to us.

Contracts (Rights of Third Parties) Act 1999

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

Disputes

If you are unhappy with the Services we provide we hope you will discuss any problems or issues with us first. If you wish, you may, at any time, take court proceedings. If so, you must do so within the courts of England and Wales. This contract is governed and construed by the law of England and Wales

Removal from EyUp Sports

We reserve the right to remove a participant from any of our schemes at any point and refuse them re-entry. EyUp Sports does not have to provide an explanation as to why someone has been removed, although we will often seek to do so.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on various EyUp Sports online media. Your continued participation with EyUp Sports after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access or attend EyUp Sports activity or online media/apps.