Terms of Service
Achieve Sports Limited, trading as Play Netball (“Play Netball”, “we”, “us”) provides its service on the following Terms & Conditions (“T&Cs”). When a team, player or group joins Play Netball through our online system (or, without limitation, participating in a match we organise), the player (and each member of a team or group) is forming a contract subject to these terms and conditions with Play Netball and are committing to the duration of at least 1 season (10-14 weeks).
YOU SHOULD REVIEW THESE TERMS CAREFULLY, ESPECIALLY CLAUSES 1 AND 2, WHICH CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY FOR PARTICIPATION IN NETBALL AND IN RELATION TO THE ORDINARY RISKS ARISING FROM PLAYING NETBALL. BY REGISTERING AN ACCOUNT WITH US OR PARTICIPATING IN A MATCH, YOU ARE ACCEPTING THESE TERMS IN FULL.
We do not make our service available on any other terms. These terms and conditions do not affect your statutory rights.
- LIMITATION OF OUR LIABILITY
YOUR ATTENTION IS DRAWN TO THIS CLAUSE, WHICH CONTAINS IMPORTANT LIMITATIONS OF PLAY NETBALL’S LIABILITY AS WELL AS INDEMNITY PROVISIONS BY WHICH YOU WILL BE PERSONALLY LIABLE TO PLAY NETBALL IN RELATION TO CERTAIN MATTERS. BY ACCEPTING PLAY NETBALL’S SERVICES, YOU ACCEPT THE LIMITATIONS AND YOUR LIABILITIES AS SET OUT IN THIS CLAUSE.
1.1. Play Netball shall provide its services with reasonable skill and care and to a reasonable standard
1.2. Subject to clause 1.3, Play Netball shall not be liable and wholly excludes the following:
1.2.1 any loss of profit
1.2.2. any indirect, special or consequential loss, damage, costs expenses (whether or not resulting from the negligence of Play Netball, its employees or agents) suffered by the team which arise out of or in connection with the provision of Play Netball’s services.
1.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or serious personal injury caused by our negligence.
1.4. Subject to clause 1.3, each individual contracting with Play Netball as a team member, player or otherwise under these T&Cs hereby releases, discharges, covenants not to sue, and agrees to hold harmless Play Netball, its officers, employees, agents, workers, any sponsors and advertisers, and owners or operators of premises on which matches take place, from all liability, claims, demands, losses, or damages arising from such party’s negligence or gross negligence.
1.5. All participants will indemnify, save and hold harmless each of Play Netball, Play Netball, its officers, employees, agents, workers, any sponsors and advertisers, and owners or operators of premises on which matches take place from any litigation expenses, loss, liability, damages or costs any may incur as the result of any claim brought in contravention of clause 1.4.
1.6. All participants intend clause 1.4 to effect a complete and unconditional release of Play Netball from its liability to all match participants and team members to the greatest extent allowed by law and agree that if any clause of these T&Cs becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforce ability of the rest of these T&Cs.
- RISKS OF PERSONAL INJURY OR DEATH ARISING FROM A SPORTING ACTIVITY OR EVENT)
2.1. Netball is physically challenging and carries with it risks that we cannot entirely eliminate. By participating in matches or training for matches, you accept and assume the ordinary risks arising from participation in those activities and accept that we shall have no duty to you or to any third party in respect of those risks.
2.2.1. You must act responsibly and sensibly at all times.
2.2.2. You must not participate if you are pregnant or under the influence of alcohol or non-prescription drugs.
2.2.3. You must follow any safety warnings or instructions displayed or given to you by a member of staff.
2.2.4. You must ask a member of staff for guidance if you are unclear.
2.3. We are not qualified to express an opinion that you are medically fit to participate. You must obtain professional or specialist advice from your doctor before participating.
2.4. In the absence of any negligence or other breach of duty by us, participation in netball is entirely at your risk.
2.5.1. You must follow all relevant COVID-19 guidance provided by, but not limited to, Central Government, Local Government, Play Netball and the relevant venue.
2.5.2. By signing up or continuing to take part in Play Netball games you are agreeing to these T&Cs and you are declaring you are fit and well and able to participate in netball.
2.5.3. You must make yourself fully aware of the restrictions and guidance given by Play Netball and/or the venue regarding the measures that are in place to keep you and others safe.
2.5.4. Before each match you will be asked to confirm that you are not displaying any COVID-19 symptoms and that you continue to be fit and healthy. A record of this will be held securely for for Test and Trace purposes.
2.5.5. You must abide by the England Netball rules modifications each time you play.
2.5.6. You must inform the Play Netball COVID Officer if you test positive for COVID-19 as soon as possible. Play Netball will then follow the guidance given by Track and Trace.
2.5.7. By signing up or continuing to take part in Play Netball games you are agreeing to your information being shared with Test and Trace as necessary.
3.1. The team captain (“Captain”) is responsible for all participants playing in the team and personally liable to Play Netball payments/arrears. The Captain agrees to this responsibility.
3.2. Play Netball reserves the right to refuse entry or exclude any participant, team or organisation from its competition without giving a reason.
3.3. Exiting of a league can only take place at the end of the season. The Length of the League varies from league to league depending on number of team participating. If a team decides to leave during the season that team will be liable for all the remaining fees of the season.
3.4. When the first season is coming to an end a team shall be automatically registered into the next/new season unless the team chooses to Opt Out, giving at least 1 week notice prior to the end of the season, this means by midnight the day of your second to last fixture. Please note that if you miss that deadline of 2 weeks before the new season starts, your team will be entered into the new season and be liable for the fees for that season (subject to clause 3.3), regardless of the reason for failing to do so.
3.5. Where a team wishes to cease being registered but has not opted out in accordance with clause 3.4, per-game and seasonal charges shall continue to accrue and will be payable in accordance with these T&Cs until a new or replacement team is registered with Play Netball. For example:
10-week season at £45 per game, your team will have to pay the £45 weekly fee until a new team has taken the spot that your team has left. Play Netball will be happy to help your team in searching for new players so that your team can carry on playing so please contact head office if you are ever short of players.
3.6. Individuals Team
An “Individuals Team” is a team that has been formed together by Play Netball. If you have joined as an individual or a group and Play Netball has formed you together to create an Individuals Team, terms 3.1 to 3.5 shall not apply during the season in which the Individuals Team is first created. As an Individuals Team, you will have the balance of your first season to sort out your team name, choose a Captain and let Play Netball know if you need any extra players. Once your team goes past the Opt Out deadline for the new season then all T&C’s will apply, and you will be treated like any other team.
4.1. It is the Captain’s primary responsibility to ensure that all players abide by the rules of Play Netball and make sure that your players keep up with their payments.
4.2. Participants must be 18 years of age or older. This is due to our and the venue’s insurance. It is the Captain’s responsibility to check all players ages and not allow anyone under 18 to play in their team.
4.3. The Captain is primarily responsible for any match fees due from his or her team and Play Netball will charge the card associated with the Captain if required.
4.4. The Captain’s obligation under clause 4.3 is without prejudice to Play Netball’s right to obtain payment of any outstanding fees from other players in the team. Nothing in these T&Cs shall permit Play Netball to recover in aggregate more than the total fees due from the team.
4.5. The Captain takes responsibility for ensuring all players that take part are registered with Play Netball and therefore understand the rules and terms & Conditions of Play Netball.
- FEES / ABSENCES / MATCH TIMES
5.1. In some circumstances Play Netball may need to and will change match times. We ask all teams to regularly check the website and Facebook groups for any changes. The match fees are determined by Netball Leagues and can be subject to change.
5.2. All payments must be made through Play Netball’s online system. Cash, BACS and cheque payments are NOT accepted. Individuals joining will be required to pay for the season in advance. Team captains/organisers can pay for the season and recover the costs from their players individual or use our shared payment facility which allows you to split the payment amongst the team. There is a small additional fee for using the shared payment facility.
5.3. In the unlikely event that the full balance of monies owed to Play Netball by the team hasn’t been paid before the fixture, the result will be recorded as a 10-0 forfeit against your team. This will be treated as a forfeit without notice and you will be liable to pay your full match fee plus your oppositions match fee.
5.4. Although Captains have primary responsibility for payments due from the team, the liability of team members for any and all charges due from the team under these T&Cs is joint and several. This means that we have the right to recover all of the fees due from the team as a whole from any of its members. Without limitation of our other rights, we can charge any individual player’s card or payment facility on file with us for any money due from the team at any time.
5.5. If it is not possible to collect these fees, we may appoint an external debt collection agency to assist us in collecting monies due.
5.6. Without limitation of our rights, team members shall be joint and severally liable for our costs and expenses of collection and any interest accruing on sums due, including but not limited to the costs, fees or commissions of an external debt collection agency.
5.7. Play Netball will typically apply credit to an account where necessary rather than issue a refund. On the rare occasion a refund is the best course of action, this will only be issued back to the card which the payment was originally taken. A refund can only be made to the individual requesting the refund, this must be requested via our refund request form: https://www.play-netball.co.uk/refund-request/, which is then sent for review. We endeavour to respond within 5 working days and issue the refund 10 working days.
- FORFEITS/NO SHOWS
6.1. If a team is not able to attend a fixture, a 10-0 win is awarded to the opposition. The forfeiting team will be charged their full match fee. If we have not been informed of the forfeit prior to 5pm on the day of the fixture and/or the forfeiting team has not paid their match fee prior to the fixture time, you will also be liable for your oppositions match fee too.
6.2. If a team forfeits twice in one season their place in our league will be under review and we have the right to eject the team in question at our sole discretion. Please contact Play Netball head office if your team is struggling with players.
6.3. If a team fails to show up with no notice Play Netball will remove them from the league and the team will still be liable for the remaining costs of the season.
- ATTENDEE CONDUCT
7.1. An Individuals Team will not be subject to clauses 6.2 or 6.3 during its first season (or part thereof).ATTENDEE CONDUCT
7.2. All attendees at any Play Netball league or event are expected to behave in a civil and courteous manner to all those present. This includes players, umpires and spectators. All players are expected to abide by the latest INF Rulebook. Any unsportsmanlike behaviour on or off court will not be tolerated. This includes verbal or physical abuse. Depending upon the nature of the misbehaviour further action may be taken by Play Netball in the form of official warnings, suspension or expulsion of players or teams. You accept and acknowledge that Play Netball shall make such decisions in its sole discretion and shall have no duty to exercise that discretion in a particular manner or according to a particular process.
7.3. If you have attended a Play Netball event and feel another attendee has not behaved in accordance with clause 8.1, please contact us either by phone or email, stating which league/event you attended and provide as much information as possible.
8.1. All umpires’ decisions are final. Intimidation of umpires will not be tolerated and will result in further action being taken by the league, up to and including expulsion of offending players and teams from the league.
8.2. Play Netball reserve the right to ban or expel any player or team from the league or take any other disciplinary action as it deems appropriate. Any team knowingly fielding a suspended player will forfeit that game 10-0 and will be liable for the opposition’s match fee.
- HEALTH & SAFETY
9.1.1 No item of jewellery can be worn, except for a wedding ring and/or medical alert bracelet but they must be taped.
9.1.2 No adornment that may endanger player safety shall be worn.
9.1.3. Players must wear suitable clothes and training shoes. Shoelaces must be securely tied before a game. Time allowances will not be given at any point for someone to tie their shoelaces.
9.1.4. All players should ensure their nails are short and smooth before taking to court. This is at the discretion of the umpire. Nails that are deemed too long may result in you not being able to play.
9.2. Participants/Spectators agree to take full responsibility for any injuries that may occur. All participants play with full knowledge, assumption and acceptance of all risks, losses, costs and damages involved and incurred as a result of their participation. Participants understand that Netball is a contact sport, containing an element of risk. Play Netball does not provide personal injury insurance or player to player insurances. All players play at their own risk and are responsible to take out their personal injury insurance.
9.3. Participants agree and acknowledge that Play Netball does not own or have exclusive occupation of premises used and has little or no control in respect of persons entering the premises (including surroundings and other netball courts) and no control as to how the premises are used and left before/after competitions. No responsibility can be taken for any loss or damage to personal property.
9.4. Captains are fully responsible for assessing the appropriateness of the conditions for their team. If the Captain feels the environment is not safe to play in, including any misconduct, danger, violence (or threats thereof) or the condition of the premises, then the Captain must advise Play Netball at the earliest opportunity.
9.5. Teams may not field players who are pregnant.
9.6. Smoking, drinking alcohol and anti-social behaviour are forbidden at all premises used by Play Netball.
9.7. Play Netball reserves the right to ban or ask the entire team to leave should they breach any of the above.
10.1. Website pictures may not always be the actual pitches you will be playing on, they are for display only. Play Netball take photos of league winners, umpires and teams for display on our marketing martial and online. Play Netball owns the rights to these pictures and will use them for promotion. Players and umpire officials confirm that they waive any moral rights, image right, right of publicity or privacy in respect of images of them under this clause 11.1. Teams, players and umpires must specify when they join the league if they do not want their pictures displayed.
10.2. When signing up as an individual, Play Netball will help form a new team which includes you, you give Play Netball the right to share your details with other players forming or trying to be formed into a team.
10.3. Clauses 10.1 and 10.2 do not affect participants’ rights as data subjects under data protection legislation – please review the privacy information at http://www.achieve-sports.co.uk/privacy-policy/ or contact us for further details at any time.
10.4. Play Netball may subcontract, assign, or deal in any other matter with the performance of any of its obligations to any person without notice.
10.5 Play Netball shall not be in breach of its obligations under these T&Cs, or liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations, where the same is occasioned by any cause whatsoever that is beyond its reasonable control (“Force Majeure”) including but not limited to an epidemic, Act of God, war, civil disturbance, un-preventable flood, failure or neglect on the part of any utility supplying electricity, gas or water, the unavailability of or the prevention of access to premises, governmental regulations, prohibitions or enactments of any kind, strike, lock-out or trade dispute (whether involving its own employees or those or any other person), difficulties in obtaining staff or materials, breakdown of machinery, fire or accident or loss of premises. Should an event of Force Majeure occur, the time for Play Netball’s performance shall be extended by a period equivalent to the period during which performance has been delayed or occasioned by Force Majeure. If the period of Force Majeure extends for more than [6 weeks], Play Netball may terminate the contract comprised by these T&Cs immediately by written notice (including by email).
10.6. These T&Cs constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.7. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these T&Cs.
10.8. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these T&Cs
10.9 Except as expressly provided in these T&Cs , the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
10.10. No failure or delay by a party to exercise any right or remedy provided under these T&C’s or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
10.11. These T&Cs and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
10.12. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.