Force Majeure Cancellation Refund and Credit Policy
(“Force Majeure Cancellation Policy”)
Flag Universal, Inc. has implemented a 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 season. Flag Universal, Inc. 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 Flag Universal, Inc. 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 Flag Universal, Inc. means and includes a “Meet and Greet” and six scheduled games. During season preparation, Flag Universal, Inc. will schedule a makeup game date at the end of the season. Flag Universal, Inc. 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 Flag Universal, Inc.'s weather policy. A complete season will have been played so long as four games are played and a four-game season shall constitute full and complete performance by Flag Universal, Inc.
Excusable Delays and Force Majeure:
Any delay in the performance by Flag Universal, Inc. 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 Flag Universal, Inc., 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 Flag Universal, Inc., in its sole discretion, provides Participant written notice stating otherwise (the “Cancellation Notice”). The time for performance of Flag Universal, Inc.’s 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 Flag Universal, Inc. If Flag Universal, Inc. provides Participant a Cancellation Notice, the current season will be canceled and subject to the terms below.
Season Cancellation due to Force Majeure:
If a Force Majeure causes Flag Universal, Inc. to issue a Cancellation Notice to the Participant canceling the current season, then the following provisions are acknowledged and agreed to by the Participant:
If a season is canceled by Flag Universal, Inc. due to a Force Majeure BEFORE the shipment by Flag Universal, Inc. of the Participant’s equipment:
A 100% REFUND (excluding processing fees, administrative fees, and donations) will be issued by Flag Universal, Inc. to the 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 Flag Universal, Inc. cancels a season due to a Force Majeure AFTER the shipment by Flag Universal, Inc. of the Participant’s equipment but BEFORE the “Meet and Greet”:
A PARTIAL REFUND (based on the division price you paid, excluding jersey cost, shipping, processing fees, administrative fees, and donations) will be issued by Flag Universal, Inc. to the 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 Flag Universal, Inc. cancels a season due to a Force Majeure AFTER the Meet and Greet, but BEFORE Game 1:
If Flag Universal, Inc. cancels a season due to a Force Majeure AFTER Game 1 but BEFORE Game 2:
If Flag Universal, Inc. cancels a season due to a Force Majeure AFTER Game 2 but BEFORE Game 3:
If Flag Universal, Inc. cancels a season due to a Force Majeure AFTER Game 3 but BEFORE Game 4:
If Flag Universal, Inc. cancels a season due to a Force Majeure AFTER Game 4:
The season will be considered terminated and canceled. No credits, refunds, participation awards, or any other consideration will be delivered, provided, reimbursed, or given to Participant by Flag Universal, Inc., and Flag Universal, Inc. 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 Flag Universal, Inc. 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. I, FOR MYSELF, MY SPOUSE, AND CHILD/WARD, FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT AND ENTERING INTO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I, FOR MYSELF, MY SPOUSE, AND CHILD/WARD AGREE TO BE BOUND BY THIS FLAG UNIVERSAL, INC. FORCE MAJEURE CANCELLATION POLICY, THE FLAG UNIVERSAL, INC. REFUND POLICY AND THE DOLPHINS FLAG FOOTBALL LEAGUE 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.
By signing below, I acknowledge that I have read and understand the above Force Majeure Policy.
Parent’s Name (Printed): ______________________
Parent’s Signature: __________________________
Date: ______________________