NAFFL Youth Flag Football
In light of the Covid-19 pandemic, as declared by the World Health Organization (“WHO”), and the continuing uncertainty related to governmental, health, and other restrictions and rules that may or may not be implemented by various governmental agencies in the future, EBH Fitness LLC, d/b/a National Adult Flag Football League (“NAFFL”), and NAFFL affiliates and subsidiaries, including without limitation NAFFL, NAFFL Youth Football, Sun City Showcase (SCS), Top Gun Elite Showcases (TGES), Howard Family Media Group (HFMG), Fieldhouse Sports Entertainment Network (FSEN) (collectively EBH Fitness) is implementing a new Force Majeure Cancellation Policy. All Participants must acknowledge and agree to this Force Majeure Cancellation Policy as an express condition precedent to their registration in the current seasons. EBH Fitness expends considerable resources, time and effort in preparing for each season and in order to be able to offer a season, this Force Majeure Cancellation Policy is necessary to protect EBH Fitness, as well as to fully inform all Participants of the uncertainty and risks involved in registering for future seasons.
For purposes of the policies herein, a “season” of EBH Fitness means and includes a “Meet and Greet” and six to eight scheduled games. During season preparation, EBH Fitness will schedule a makeup game date at the end of the season. EBH Fitness may choose to modify a released season schedule to play a double header should its fields or availability to play become unavailable for any reason which is also in accordance with EBH Fitness' weather policy. A complete season will have been played so long as five games are played and a five-game season shall constitute full and complete performance by EBH Fitness.
Excusable Delays and Force Majeure:
Any delay in the performance by EBH Fitness of its obligations to Participant under any written agreement shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of EBH Fitness, including without limitation, any act of God; any fire, flood or weather condition; any earthquake; any epidemic or WHO declared pandemic; any act of a public enemy, war, insurrection, riot, explosion, terrorist attack or strike; or any government demand, requirement or instruction (each, a “Force Majeure”). A delay caused by Force Majeure shall not be deemed a cancellation of the season or termination of this Agreement unless EBH Fitness, in its sole discretion, provides Participant written notice stating otherwise (the “Cancellation Notice”). The time for performance of EBH Fitness' obligations may be amended for the period of delay or inability to perform due to such Force Majeure, as determined in the sole and absolute discretion of EBH Fitness. If EBH Fitness provides Participant a Cancellation Notice, the current season will be cancelled and subject to the terms below.
Season Cancellation due to Force Majeure:
If a Force Majeure causes EBH Fitness to issue a Cancellation Notice to Participant cancelling the current season, then the following provisions are acknowledged and agreed to by Participant:
If a season is cancelled by EBH Fitness due to a Force Majeure PRIOR to the shipment by EBH Fitness of Participant’s equipment:
A 100% REFUND (excluding credit card processing fees, administrative fees & donations) will be issued by EBH Fitness to Participant. If a credit was used for a portion of your division fee, that credit will be returned to your registration account and the remainder will be refunded.
If a season is cancelled by NFF due to a Force Majeure AFTER the shipment by EBH Fitness of Participant’s equipment but PRIOR to the “Meet and Greet”:
A 100% REFUND (based off the division price you paid, excluding processing fees, administrative fees, & donations) will be issued by EBH Fitness to Participant. At this time, all additional merchandise ordered/shipped will not be considered for the refund. If a credit was used for a portion of your division fee, that credit will be returned to your registration account and the remainder will be refunded.
If a season is cancelled by EBH Fitness due to a Force Majeure AFTER the Meet and Greet, but BEFORE Game 1:
A 50% CREDIT (calculated solely on the division price paid by Participant) for a future season of play will be issued by EBH Fitness to Participant.
NO REFUNDS WILL BE PROVIDED.
If a season is cancelled by EBH Fitness due to a Force Majeure AFTER Game 1 but BEFORE Game 2:
A 40% CREDIT (calculated solely on the division price you paid) for a future season of play will be issued by EBH Fitness to Participant.
NO REFUNDS WILL BE PROVIDED.
If a season is cancelled by EBH Fitness due to a Force Majeure AFTER Game 2 but BEFORE Game 3:
A 30% CREDIT (calculated solely the division price you paid) for a future season of play will be issued by EBH Fitness to Participant.
NO REFUNDS WILL BE PROVIDED.
If a season is cancelled by EBH Fitness due to a Force Majeure AFTER Game 3 but BEFORE Game 4:
A 20% CREDIT (based off the division price you paid) for a future season of play will be issued by EBH Fitness to Participant.
NO REFUNDS WILL BE PROVIDED.
If a season is cancelled by EBH Fitness due to a Force Majeure AFTER Game 5:
The season will be considered terminated and cancelled, no credits, refunds or participation awards or any other consideration will be delivered, provided, reimbursed or given to Participant by EBH Fitness, and EBH Fitness will have fully performed its obligations to Participant.
NO REFUNDS OR CREDITS WILL BE PROVIDED.
All Participants specifically acknowledge and agree that the Force Majeure Cancellation Policy is fair and reasonable, and that each Participant voluntarily accepts and agrees to the terms and conditions of the Force Majeure Cancellation Policy. Further, Participants acknowledge and agree that a portion of their respective registration fee covers certain costs and expenses incurred by EBH Fitness to prepare and organize the current season, irrespective of whether such season is completed in its entirety, in part or not at all. Participants expressly accept and acknowledge the foregoing risks.
I, FOR MYSELF, MY SPOUSE, AND CHILD/WARD, HAVE READ THIS FORCE MAJEURE CANCELLATION POLICY FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT AND ENTER INTO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I, FOR MYSELF, MY SPOUSE, AND CHILD/WARD AGREE TO BE BOUND BY NAFFL FORCE MAJEURE CANCELLATION POLICY, THE NAFFL REFUND POLICY AND THE NAFFL TERMS AND CONDITIONS WHEN IN THE FUTURE I CLICK ON AN “I AGREE,” “I CONSENT,” OR OTHER SIMILARLY WORDED “BUTTON” OR ENTRY FIELD WITH MY MOUSE, KEYSTROKE, OR OTHER COMPUTER DEVICE, YOUR AGREEMENT OR CONSENT OR WAIVER WILL BE LEGALLY BINDING AND ENFORCEABLE AND THE LEGAL EQUIVALENT OF YOUR HANDWRITTEN SIGNATURE.
Force Majeure Policy