The Football Business Academy (hereinafter referred to as: “The FBA”), Football Agent Education (hereinafter referred to as: “FAE”) and Soccerex (hereinafter referred to as: “Soccerex”) are active in football-related education and event organization;
The FBA, FAE and Soccerex have implemented a football business certificate (hereinafter referred to as: the “Certificate Program”) for participants (hereinafter referred to as: “Participants” and individually as a “Participant”) who wish to enhance their knowledge and increase their network in football industry. The Certificate Program is composed of several events which take place all around the world.
The Mumbai and Miami 2019 events (hereinafter referred to as: the “Events” and individually as an “Event”) will take place in Mumbai from September 20th 2019 to September 22nd 2019 included and in Miami from November 22nd 2019 to November 24th 2019 included.
All Participants attending one or several Events will pay to The FBA tuition fee (hereinafter referred to as: “Tuition Fee”). For the Mumbai 2019 Event, the Tuition Fee’ amount will be USD 620.-. For the Miami 2019 Event, the Tuition Fee’ amount will be USD 860.-. The Tuition Fee of each Event adds up if a Participant wishes to attend several Events.
By paying the Tuition Fee, you understand that you are officially accepted as a Participant for the 2019 Event(s) for which you have paid the fees and hereby commit to the following:
Article 1 – General Behavior
1.1. The Participant undertakes to attend all seminars and lectures of the Event.
1.2. Throughout the entire Event, the Participant undertakes to behave in an appropriate manner and to wear suitable outfits.
Article 2 – Tuition Fee
2.1. The Participant agrees that the Tuition Fee, once paid, is non-refundable in all circumstances. If the Tuition Fee is paid by a third party (sponsor, partner, company, study loan provider…), the Participant commits to inform the third party in advance that the Tuition Fee is non-refundable.
2.2. Notwithstanding Article 2.1 above, if, for any reason, the Event(s) does not take place, the paid Tuition Fee will automatically be refunded to the Participant or to the third party who made the payment by The FBA, within 30 days from the first day on which the Event should have taken place.
Article 3 – Expenses
3.1. All expenses incurred by the Participant during the Event(s) will be entirely and exclusively borne by the Participant. The Participant is not entitled to any reimbursement by The FBA. The Participant agrees that those expenses are additional to the Tuition Fee.
3.2. The Participant understands that The FBA will not be able to offer him/her financial assistance should he/she find himself/herself in financial difficulties during the Event.
Article 4 – Visa
4.1. The Participant agrees that it is his/her responsibility to check whether he/she needs a visa in order to attend the Event(s). Shall it be the case, the Participant agrees that it is his/her responsibility to make the visa applications. In such a case, The FBA will neither help the Participant to obtain a visa nor make any visa application on behalf or for the account of the Participant.
4.2. The Participant agrees that The FBA will not be responsible if he/she does not obtain any required visa.
Article 5 – Insurance
The Participant understands that India and the United States of America may have specific legislations about health insurance and that, depending on his/her personal situation, the Participant may be required to subscribe to an Indian, Colombian and/or American health insurance during the time he/she will spend on the Indian, Colombian and/or American territory. The Participant accepts that, for all the time he/she will spend on the Indian/Colombian/American territory, it is his/her responsibility to ensure that he/she has a sufficient accident, health and any other insurances to the levels required by the Indian/Colombian/American legislation. Shall the Participant need to subscribe to an insurance, The FBA will neither help the Participant to find an insurance nor make any registration or payment on behalf or for the account of the Participant.
Article 6 – Use of the Participant’s Name and Image
The Participant hereby authorizes The FBA, FAE and Soccerex to mention his/her name and to use his/her image in any commercial and marketing documents.
Article 7 – Participant Status
Nothing in this Agreement will create or be deemed to create a partnership, an agency relationship or an employment relationship between the Participant and The FBA.
Article 8 – Tax and Social Security Liability
8.1. The Participant is solely responsible to determine and to comply with any obligations with respect to his/her tax and social security status. In particular, the Participant is responsible for:
i. being registered with the corresponding authorities when legally required by applicable laws;
ii. paying income taxes, indirect taxes such as VAT, and other similar taxes; and
iii. paying any social security contribution required by the applicable laws.
8.2. The FBA will not make any registration, payment for tax or social security purposes on behalf or for the account of the Participant.
Article 9 – Confidentiality
9.1. The Participant hereby undertakes to keep all the Terms and Conditions hereof strictly confidential and not to disclose them to any third party, unless required by law or any court or governmental authority. At all times, both during the Event(s) and after the end of the Event(s), the Participant shall keep such information secret and shall refrain from disclosing it or using it in any way for his/her own benefit or for the benefit of any person other than The FBA.
9.2. In case of violation of this confidentiality clause, the Participant shall pay to The FBA liquidated damages in the amount of USD 2’000.- for each violation. The payment of liquidated damages shall not discharge the Participant from complying with this confidentiality undertaking.
Article 10 – Intellectual Property
10.1. The Participant agrees that all documents and presentations produced during the Event(s), as well as the online examination, are the exclusive property of The FBA which has copyright thereon.
10.2. If such documents, as mentioned in Article 10.1 above, should be made public by the Participant, his/her The FBA certificate would not be validated.
Article 11 – Miscellaneous
11.1. Any amendments to this Agreement must be made in writing in order to be valid.
11.2. The terms and conditions of this Agreement, together with all documents attached hereto and incorporated herein by reference, constitute the entire agreement between the Parties and supersede any prior agreements or communications concluded by the Parties.
11.3. If any term or condition of this Agreement is found to be null and void, the remaining terms and conditions of this Agreement shall remain valid and shall continue to bind the Parties. The Parties will replace the void terms by terms which comply with the intended purpose of this Agreement
Article 12 – Governing Law and Jurisdiction
12.1. This Agreement is governed by Swiss law.
12.2. Subject to each Party’s right to appeal to the Swiss Federal Supreme Court in Lausanne, any disputes arising from the existence, validity, interpretation, the application or the performance or non-performance of this Agreement, whether arising before or after its expiration, will be exclusively submitted to the courts of the canton of Geneva, Switzerland.