TERMS OF SERVICE
This document, titled "Terms of Service" (hereinafter referred to as "TOS"), dated as of Effective Date: 4/1/2025, is established by DABSoccer LLC, a Colorado corporation, with its principal place of business in Fountain, Colorado (hereinafter referred to as "Company," "we," "us," or "our"). The purpose of this TOS is to govern the terms and conditions under which clients and users (hereinafter referred to as "you" or "your") may engage with, use, access, or participate in the following services provided by the Company: our soccer training sessions, programs, video reviews, and the sale of performance gear and streetwear apparel under the DAB Clothing label, as well as the use of our website (www.dabsoccer.com).
WHEREAS, the Company is committed to helping athletes Develop. Achieve. Ball Out. through personalized training sessions, skill development programs, and community-focused events;
WHEREAS, the Company offers a growing line of performance gear and streetwear apparel designed to complement and enhance the lifestyle of its customers;
WHEREAS, the Company values the safety, well-being, and satisfaction of its clients and users and aims to provide clear guidelines and procedures for the use of its services, programs, and products;
NOW, THEREFORE, in consideration of the foregoing, and intending to be legally bound, the parties hereby agree to the terms and conditions set forth in this TOS. By using our services, participating in our training sessions, or accessing our website, you agree to comply with and be bound by this TOS.
1. Acceptance Of Terms
By accessing, using, or participating in our Services, including but not limited to, soccer training sessions, skill development programs, video reviews, and the purchase of performance gear or streetwear apparel via the Website, you acknowledge and agree to be legally bound by the terms and conditions outlined in this TOS. Your continued use of our Services signifies your acceptance of the current TOS. If you do not agree with any part of these terms, you must cease all use of our Services immediately. The Company reserves the right to modify or amend the TOS at any time, and it is your responsibility to regularly review the TOS for any updates.
2. Participation & Assumption Of Risk
By voluntarily participating in the services offered by the Company, including but not limited to training sessions, skill development programs, video reviews, and the use of performance gear and streetwear apparel, you acknowledge and agree to assume all risks and liabilities associated with such participation. Participation in our services may involve inherent risks, including but not limited to the risk of physical injury, aggravation of existing health conditions, or other unforeseen hazards. You are responsible for your own health and safety and are advised to consider your physical condition and consult with a medical professional before engaging in any physical activities provided by the Company.
Furthermore, you agree that participation is entirely voluntary and that you knowingly assume all associated risks. You release the Company from any liability relating to accidents, injuries, or adverse health effects that occur while participating in our services. It is your responsibility to inform the Company of any known health conditions, physical limitations, or injuries prior to participating, as outlined in Clause 3: Health Disclosure. The Company reserves the right to deny participation to individuals deemed unfit or at risk, to ensure the safety and well-being of all clients.
3. Health Disclosure
To ensure the safety and well-being of all clients participating in our Services, clients are required to disclose any health conditions, medical issues, injuries, or physical limitations to the Company. Disclosures must be made in writing via email to info@dabsoccer.com at least 12 hours before the scheduled session. In urgent cases, clients may also disclose such information in person to the coach before the session begins, but email is preferred to maintain a record. By disclosing relevant health conditions, clients allow the Company to provide appropriate accommodations and ensure a safe training environment.
4. Right To Deny Service
The Company reserves the right to deny Services to any Client at its sole discretion. This may include, but is not limited to, cases where the Client has demonstrated inappropriate behavior, such as disrespect towards coaches, staff, or other clients, policy violations, or actions that pose safety risks to themselves or others. Additionally, the Company may refuse service if the Client fails to adhere to scheduled session times, does not comply with health disclosure requirements, exhibits conduct that is disruptive, or otherwise compromises the integrity of the Services offered. Notice of service denial will be communicated to the Client along with the reason for refusal. This right to deny service is exercised to ensure a safe, respectful, and productive environment for all Clients.
5. Informational Use Only
The content provided through our services, including training sessions, programs, video reviews, and our website, is intended for informational purposes only and should not be construed as professional advice. You should not rely solely on the information provided through these services to make any decisions regarding your health, training regimens, or participation in activities. We recommend consulting with appropriate professionals, such as coaches, doctors, or other qualified experts, prior to making any decisions based on the provided information.
6. No Performance Guarantee
While the Company aims to provide high-quality Services to help athletes develop their skills and improve their performance, no specific performance outcomes or improvements are guaranteed. The effectiveness of the Company's Services, including training sessions, programs, and gear, depends on various factors including but not limited to the client's commitment, effort, and individual physical condition. By choosing to engage with the Company’s Services, you acknowledge and accept that results may vary and that the Company makes no promises or guarantees regarding any particular level of progress or success.
7. Modifications To Terms
The Company reserves the right to modify, amend, or update the TOS at any time to reflect changes in our Services, client feedback, applicable law, or other factors that impact the terms and conditions under which our Services are provided. Any modifications to the TOS will be effective upon posting the updated TOS on our Website at www.dabsoccer.com/legal. Clients will be notified of material changes via email if they are subscribed and through a visible announcement on the booking page. By continuing to use the Services following any modifications to the TOS, you agree to be bound by such changes. If you do not agree with the modified terms, you must discontinue the use of our Services immediately. The Company encourages you to review the TOS periodically to stay informed of any updates.
8. Governing Law
This TOS shall be governed by, and construed in accordance with, the laws of the State of Colorado, United States, without regard to its conflict of law principles. The parties agree that any disputes, claims, or controversies arising out of or relating to this TOS shall be subject to the exclusive jurisdiction of the state and federal courts located in Colorado. You hereby waive any objections to the venue and jurisdiction of such courts. In accordance with this clause, you consent that this TOS establishes the basis for resolving any legal matters and disputes based on the laws and regulations of Colorado, ensuring that your rights and obligations shall be interpreted in a manner favorable to you as the primary party.
9. Dispute Resolution
Any disputes or claims arising out of or relating to this TOS, the Company's services, products, or website shall be resolved through binding arbitration in accordance with Colorado law. The arbitration shall be conducted by a single arbitrator, mutually agreed upon by the parties, or, if the parties cannot agree, appointed by a competent authority in Colorado. The arbitration proceeding shall take place in Fountain, Colorado, and shall follow the rules and procedures outlined by the American Arbitration Association (AAA). Each party shall bear its own costs and expenses, including legal fees, unless otherwise awarded by the arbitrator. The client's right to seek relief in a court of law is waived, except for the purpose of enforcing the arbitration award. This dispute resolution process does not prevent the client from seeking equitable remedies, such as injunctions, in appropriate circumstances.
10. Severability
If any provision of this TOS is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalidity, illegality, or unenforceability of any provision shall not affect any other provisions of this TOS, which shall be interpreted to fulfill the intent and purpose of the original provisions, as closely as permissible under applicable law. Each provision of this TOS is independent and severable, ensuring that the remainder of the TOS remains valid and operable.
11. Cancellations & Refunds
Clients may cancel scheduled training sessions by notifying the Company via email or phone at least 24 hours before the session to be eligible for rescheduling. Late cancellations and no-shows are non-refundable, unless an exception is made by the Company on a case-by-case basis due to emergencies such as illness or injury. Memberships auto-renew monthly unless the client cancels via email at least 3 days before the billing date. No refunds are issued for partial months or unused sessions. For merchandise, returns are accepted within 14 days of delivery for unused and unwashed items in original packaging, excluding custom gear which is final sale unless defective. Defective items must be reported via email with photos and the order number within 5 days of receipt for a return or exchange. Return shipping costs are the responsibility of the client unless the item is confirmed as defective or an error on the part of the Company.
12. Sale Of Merchandise
The sale of merchandise under the DAB Clothing label is subject to the following terms and conditions:
1. Purchase and Payment:
a. Clients may purchase merchandise through our Website or designated retail locations. All sales are final except as specifically noted in our return policy.
b. Payment must be received in full at the time of order. We accept various payment methods, including major credit cards and electronic payment options approved on our Website.
2. Returns and Exchanges:
a. Returns are accepted within 14 days of delivery for unused, unwashed items in their original packaging, accompanied by the original receipt.
b. Custom gear (items personalized with name, number, or other unique features) is considered final sale and cannot be returned or exchanged unless deemed defective.
c. A defective item is defined as one that is damaged upon delivery, misprinted, or materially different from its description. To report a defective item, Clients must email photos and the order number to info@dabsoccer.com within 5 days of receiving the item.
3. Return Shipping:
a. Clients are responsible for return shipping costs unless the merchandise is confirmed defective or the return is due to a Company error. In such cases, the Company will cover the return shipping costs.
4. Refund Process:
a. Approved returns will be refunded to the original form of payment within 7 to 10 business days of receiving the returned merchandise. Refunds may take additional time to reflect in the Client's account depending on their financial institution.
5. Merchandise Availability:
a. All merchandise is subject to availability. The Company reserves the right to limit the quantities of any merchandise or to discontinue any product at any time.
6. Pricing and Promotions:
a. Prices and promotions listed on the Website are subject to change without notice. The Company will honor the price at the time of the Client's purchase, excluding any promotional or sale adjustments that occur afterward.
By purchasing our merchandise, you agree to the terms laid out in this clause. Please direct any questions or concerns regarding our merchandise policy to info@dabsoccer.com.
13. Changes To Services And Pricing
The Company reserves the right to modify, suspend, or discontinue any of its Services or the pricing thereof at any time without prior notice. Such changes may include, but are not limited to, modifications to the scope, features, timing, and availability of the Services. The Company will make reasonable efforts to notify clients of any material changes to Services and pricing by posting updates on the Website and, where possible, via email to subscribed clients. Any changes will become effective immediately upon posting. Your continued use of the Services after any changes constitutes your acceptance of the modified Services and pricing. In the event of a pricing adjustment, you will not be retroactively charged, and any subscriptions or packages purchased prior to the change will be honored at the original rate until their expiration.
14. Notification Of Changes
The Company reserves the right to modify or update the TOS at any time. Any changes to the TOS will be communicated to clients using the following methods: a. Posting the updated TOS on the Website at www.dabsoccer.com/legal. b. Sending an email notification to clients who are subscribed to our mailing list. c. Displaying a visible announcement on the booking page of our Website. It is the responsibility of the Client to review the updated TOS. Continued use of our Services after such updates signifies the Client's acceptance of the revised terms.
15. Client Conduct And Responsibilities
As a Client using Company Services, you are expected to adhere to the following conduct and responsibilities to ensure a positive and safe environment for all participants. Your responsibilities include:
15.a. Timeliness: You are required to arrive on time for all scheduled training sessions, programs, and events.
15.b. Compliance: Follow all instructions provided by the coach or Company representatives during sessions and events. Adherence to safety protocols and training guidelines is mandatory.
15.c. Respectful Behavior: You must maintain respectful conduct towards coaches, other clients, and staff at all times. Inappropriate behavior, harassment, or policy violations are grounds for denial of service as per Clause 4.
15.d. Health Disclosures: You are responsible for disclosing any health conditions, injuries, or physical limitations to info@dabsoccer.com at least 12 hours before the scheduled session. In urgent cases, disclosure may be made to the coach in person before the session begins.
15.e. Cleanup and Equipment: At the end of sessions, ensure that all equipment is returned to its proper place and that the training area is left clean and orderly.
15.f. Communication: Stay informed by regularly checking our website and email notifications for updates regarding sessions, programs, or changes to the TOS.
15.g. Liability Forms: Prior to participation, ensure all required documents, including Waiver & Release of Liability Form, Youth Athlete Agreement, and Media Release Form, are signed and submitted as stipulated in Exhibits A, B, and C.
16. Liability Waiver
You, the Client, hereby expressly release and agree to hold harmless DABSoccer LLC, its affiliates, officers, directors, employees, agents, successors, and assigns (the 'Company') from any and all claims, demands, causes of action, damages, and liabilities, of any kind or nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise out of or are related to the services (the 'Services') provided by the Company, including without limitation, any claims for personal injury, death, or property damage. This waiver of liability applies to claims arising from the participation in training sessions, skill development programs, and any use of the Company's products, including performance gear and apparel. The Client acknowledges and agrees that this waiver releases the Company from liability to the fullest extent permitted by law. The Client also agrees not to sue or make any claims against the Company for any injury, death, damage, or loss sustained as a result of using the Services or participating in any activities provided by the Company.
17. Limitation Of Liability
To the fullest extent permitted by applicable law, the Company's liability to you for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of our Services, participation in our training sessions, or access to our Website under this TOS will be limited to the amount you have paid for the Services during the twelve (12) months immediately preceding the event giving rise to liability. In no event shall the Company be liable for any loss of profits, revenue, data, or use, or for the cost of procuring substitute services, whether such damages are claimed in contract, tort (including negligence), or otherwise, even if the Company has been advised of the possibility of such damages. You acknowledge and agree that the limitations of liability set forth in this clause reflect a fair allocation of risk and form an essential element of the basis of the bargain between you and the Company. Without these limitations, the Company would not be able to offer its Services on an economically feasible basis.
18. Privacy Policy Reference
The Company's commitment to protecting your privacy and handling your personal information responsibly is outlined in our Privacy Policy, which can be accessed on our website at www.dabsoccer.com/privacy. By engaging with our services, participating in our training sessions, purchasing our merchandise, or using our website, you hereby acknowledge and agree to the terms stated in our Privacy Policy. You understand that the Privacy Policy details how your data is collected, used, shared, and protected, as well as your rights with respect to your personal information.
19. Class Action Waiver
You agree that any and all disputes, claims, or causes of action arising out of or relating to this TOS, your use of the Services, or your relationship with the Company shall be resolved individually, without resort to any form of class action. You expressly waive any right to participate in any such class action and agree that all disputes shall be subject to the provisions outlined in the Dispute Resolution Clause. This waiver of class action suits means that you will not have the right to either bring or participate in any class action lawsuits, including those that might have allowed you to share in any recovery. In the event this waiver is found to be unenforceable, any potential class action claims must be brought individually. This clause shall be severable from the rest of the TOS, but shall not be subject to reformation.