SPORTS MONSTER TERMS AND CONDITIONS
The following is an outline of company policy for all Sports Monster Corporation (SMC) leagues, tournaments, clinics/classes, events as well as membership definitions and payment terms. Approval of these terms of service shall represent agreement by the customer of understanding and for full compliance:
1. Acceptance of Terms of Service: Sports Monster reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of this Addendum and the most recent version of the Sports Monster Terms of Service at www.sportsmonster.net.
2. League Viability and SMC Right to Modify: SMC leagues are viable with a minimum of 4 teams per league. Once a league becomes viable with 4 teams on the advertised start of the league, there are no refunds. If a league does not become viable with a minimum of 4 teams, or any unforeseen circumstance which requires a particular league to be canceled in advance of the first match, full refunds will be given if team does not want, or cannot, be placed in another SMC league.
League times and locations are as listed. However, SMC reserves the right to change specific league locations and operating times as necessary due to any required scheduling changes either on a weekly or seasonal basis. If there is a change in specific league location exceeding 10 miles for a majority (at least 5 weeks of a 9 week season) of an entire season, customers will be given refund/credit options. Otherwise, there shall be no refunds or credits provided. Please note that this includes weather/field closure caused make-up matches.
Outside of weather/field closure delays, should any league start be postponed by more than two (2) weeks following the initial advertised start date, customers will be given refund/credit options.
SMC also reserves the right to shorten any league due to multiple weather cancellations or unforeseen circumstances without any refund or credits provided.
3. League Registration Terms
a. Individual Registrations:
SMC requires independent registrants to provide three league choices, when available, to be placed in any SMC seasonal sports league.
Independent registrants placed in any of their three league choices are not eligible for any refunds. Independent registrants providing three league choices, when available, who cannot be placed will be entitled to a full refund.
Individual registrants who provide only one or two options and cannot be placed in that league will have their registration deferred until the next season for placement - no refunds will be provided.
Teams may be formed by Individuals who register to be part of a specific team. In such cases, individuals must include that team name or team captain to guarantee same team placement. These pre-determined individual teams MUST have the minimum number of rostered players for that sport or SMC shall place additional individuals on that team, not to exceed the advertised maximum roster, to guarantee a complete team.
Individuals registering by themselves to play with one or more friends must include name of at least one of those friends for same team placement. Unless registrations are received within the same 24 hour period, same team placement is not guaranteed although SMC will make every effort to place requested friends on same team.
Individuals registering together or as a group with one payment are guaranteed same team placement in their top three choices or may receive a refund.
An independent registrant who will not be able to participate in their season due to an illness or injury must notify SMC in writing within the first week of the start of the league for future league placement-no refunds will be provided. A doctor’s note must accompany any illness/injury league deferment request. If approved, league deferment may not exceed more than three (3) seasons or nine (9) months – whichever comes first at which time it becomes null and void. Once a season enters its second week of operation, there is no consideration for change in participation due to injury or illness.
Although we always want to have a complete roster prior to a season’s start, SMC may form independent teams with the minimum number of players needed to avoid forfeit. We will work with the team to secure additional players for a complete roster.
SMC does not guarantee player attendance or participation from any paid registrant. Once formed, SMC encourages independent teams to communicate within their roster to make sure players will be in attendance.
In some cases, individuals will be placed onto existing teams’ rosters to provide maximum playing time and/or ideal requested day placement. For any individual placed onto an existing team’s roster, that person should not have to pay any additional fees (outside of possible uniform) and should notify SMC immediately if that or another player demands payment. Individuals placed onto an existing team roster voids any SMC supplied jersey commitment, unless provided to all teams.
SMC will NOT place more than the advertised maximum number of players on any individual team roster without the consent of the members of that team in advance.
b. Full Team Registrations and Rosters
SMC does not require team captains provide a full roster at the time of registration. An incomplete roster with less than the minimum number of roster players submitted at time of registration will result in per player registration fee to be maximized. There are no refunds for a final roster difference.
A complete roster must be posted online to match players participating in the league, and signing the team waiver, for those players to be eligible for ongoing league play and playoff participation.
Captains may modify roster during the course of the season. However, as players are added above the originally submitted roster, those players shall be subject to the per player fee (if non-member of SMC). Additional players above the maximum number of rostered players are allowed with the payment of the SMC substitute fee.
Teams registered in full as a team by one person (captain) have rosters controlled by that captain and players within the team. SMC may NOT place individual players on a team roster without the express written consent of that team’s captain or representative.
c. Captain with Invite Registrations and Rosters
Captain with Invite is a form of registration is a modification of Independent registration and Team registration.
In this registration option, the Captain of the team will register first and then invite others to join his/her team. Individuals are to register via e-mailed invitations OR they can register as an individual and must include that team name or team captain to guarantee same team placement.
At five (5) business days prior to the advertised start of the league, Captain with Invite individual teams MUST have the minimum number of rostered players for that sport or SMC shall:
a) First give Captain the opportunity to provide balance of team payment and guarantee team spot in that league. Please note that the team captain is NOT responsible for paying full team fees at this time unless he/she provides SMC written authorization.
b) Place additional individuals on that team, not to exceed the advertised maximum roster, to guarantee a complete team.
c) Fold short team and merge with another group of independent players or an existing team seeking that number of players.
d) If none of the above options are available, SMC shall provide other league options or refund.
Once a Captain with Invite team reaches the minimum number of players to field a full team, that team shall be considered operational.
For programs with a different number of minimum roster players versus minimum number of players to field a team (example: A Basketball league might have an 8 person minimum roster advertised but this sport only needs 5 people to field team), the team is required to have the minimum roster players as advertised. If there are less than the minimum roster players on the roster, the Captain shall be responsible for providing a balance of payment to SMC. This balance of payment shall automatically be processed following Week 3 of a league program to allow for time to recruit players onto the roster.
A payment example using the above scenario: if a Captain with Invite team had 5 registered players, this would be enough to field a full team and the team would be operational. Since the fees in this league are divided by the 8 player minimum, the Captain would be required to provide payment for the value of the missing 3 players.
4. League, Tournament and/or Event Payment Terms
All league fees must be paid in full as listed by each sport and/or event. Team or individual registration made online or via fax, in person or by mail constitutes an agreement to provide full payment.
Verbal registrations will not be accepted and will not be considered as confirmation for holding a team or individual spot without receipt of full payment.
For sponsored teams, any fees already paid by an individual for a team shall be refunded upon an equal payment provided by a third party to SMC with reference to league/location.
Any discount programs being offered may not be combined.
The two-payment plan, when applicable via the team registration PDF form, is considered a contract to pay and represents obligation for full payment. All second payments will automatically be processed via the credit card provided on/by the second week of league operations unless customer provides a new credit card number, check or money order representing the balance of fees owed SMC in advance.
Check/money order registrations secured with a credit/debit card are to be paid by check/money order at least one business day prior to the advertised start of the league. Should check/money order payment not be received as noted, SMC shall process payment through credit/debit card.
Failure to provide payment in a timely fashion (by first match if total balance due or by second match if two-payment plan applies) shall result in a 10% Late Fee to be added to the total balance due.
Captains of Captain with Invite teams are responsible for payment not less than the advertised minimum number of players. Captains of invited teams, with less than the advertised minimum roster, shall have payments processed after Week 3 for the balance of any fees owed.
Pre-season cancellation is permitted up to 72 hours in advance of the advertised start of league. A 30% fee shall be assessed for any applicable pre-season cancellations. Pre-season cancellation MUST be done in writing via USPS, FedEx, UPS, courier delivery or fax. E-mailed or telephoned cancellations will NOT be accepted.
5. Forfeiture of League, Tournament or Event Participation: Failure by an individual player or a team to abide by SMC policy including but not limited to: fighting, abusive language, violation of no alcohol policy, theft or defacement of SMC property, defacement of facility property, multiple match forfeitures, disregard of SMC rules and failure or refusal to sign SMC team liability waiver shall result in the expulsion and void any refund or future credit.
For teams having attendance problems, you are encouraged to contact your local SMC office. SMC will make every effort to help find additional players but we make no promise or guarantee of success. Should a team miss three (3) regular season matches, they shall remain on the full regular season schedule but shall not be eligible for playoffs. There will be no refund or credit options if a team is removed from playoff consideration because of forfeitures.
6. Membership Subscription Payment Terms
a. Membership Subscription Fees:
Free/Basic membership incurs no fees.
Annual membership fees are $49.95 per year with automatic renewal.
All payment terms are to be provided in US dollars.
Members of Social Monster or Matching Monster who are taking advantage of complementary membership on Sports Monster will be subject to renewal fees as outlined in those unique programs. Please reference www.socialmonster.com or www.matchingmonster.com for more information pertaining to your membership.
b. Payment for Membership Subscription Fees
All Membership Subscription Fees are on a Pre-Pay Basis Only. Upon submission of membership information via Sports Monster’s website, hard copy or membership representative, the member is responsible for and has agreed to the terms of payment and to provide full payment for monthly or annual memberships.
Annual membership shall automatically be renewed at the end of the term.
7. Membership cancellations – Two Types of Cancellations
a. Membership Subscription Cancellation within first Seventy-Two Hours:
You may cancel these annual membership Terms of Service, without any penalty or obligation, at any time prior to midnight of the third day following the original date of this membership contract, excluding Sundays and federal holidays. To cancel this agreement under this Seventy-Two Hour Cancellation Policy, mail or deliver a signed and dated notice or send telegram with your FULL NAME, Sports Monster ID, BILLING ADDRESS USED FOR MEMBERSHIP SUBSCRIPTION and E-MAIL ADDRESS, which states that you, the member, are canceling this agreement, or words of similar effect. This notice shall be sent to: Sports Monster, Attn: Cancellations, 4237 N Western Ave, Chicago IL 60618-2815.
PLEASE NOTE THAT THE FOLLOWING NOTICES WILL NOT BE PROCESSED: (A) NOTIFICATIONS MISSING YOUR FULL NAME, SPORTS MONSTER MEMBER ID OR BILLING ADDRESS, (B) NOTIFICATIONS SENT BY E-MAIL, PHONE OR FACSIMILE, OR (C) NOTIFICATIONS MAILED OR TELEGRAMMED AFTER THE FIRST THREE BUSINESS DAYS OR YOUR MEMBERSHIP SUBSCRIPTION.
If you do not submit a proper, complete and timely notice, your membership subscription will not be cancelled and you will not receive a refund.
b. Membership Subscription Cancellation after first Seventy-Two Hours
To cancel your membership subscription after the first three business days of your membership subscription, sign in on www.sportsmonster.com with your member ID and password, Click EDIT PERSONAL INFORMATION and follow instructions to Cancel Membership.
Members are required to cancel active membership online through the website or via regular mail. There are NO exceptions.
PLEASE NOTE THAT THE FOLLOWING NOTICES WILL NOT BE PROCESSED: NOTIFICATIONS SENT BY E-MAIL, PHONE OR FACSIMILE.
*Important*: This cancellation does not affect any charges that have been incurred to date. If your account was re-billed prior to your cancellation date, you will see a charge on your statement from Sports Monster. We will pursue any charge that is mistakenly disputed because you did not recognize the item. Sports Monster reserves the right to transfer your information (i.e. IP, email and physical address, as well as the credit card information) to our Credit Collection Agency. This Agency will take all necessary actions to collect the funds that were disputed.
8. Minimum age for membership/participation: Sports Monster has a minimum age requirement of 19 years old for participation. There are certain facilities and sports (such as certain Bowling facilities) that require minimum age of 21. All Sports Monster social events have a minimum age requirement of 21 years old for participation. All participants must sign a waiver of liability at or before attending their first event or league. Failure or refusal to do so shall void participation and no refunds shall be provided.
9. Sports Monster Reservation of rights: Sports Monster expressly reserves the right to immediately modify, suspend or terminate any Player or Member’s account and refuse current or future use of any Sports Monster service without explanation. Failure to abide by membership rules or failure to provide full payment will result in forfeiture of event/membership participation. No refunds will be provided in such instances.
10. Customer Demeanor: Sports Monster requires that all customers conduct themselves with good sportsmanship, dress appropriately and utilize proper civility and language during leagues, tournaments, classes/clinics or events. Failure to conduct oneself in an appropriate manner will result in match suspension and possible league expulsion without any refund.
11. Waiver of Liability: Customers agree to indemnify and hold harmless Sports Monster, Matching Monster, Social Monster and its employees and directors, information providers, licensors, suppliers, agents, and ISPs against all claims, liabilities, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any and all use of Member's account. This includes, without limitation, responsibility for all such consequences of User's (or that of any user of User's account) violation of the Membership Agreement.
Customer signature on a league, tournament or event SMC waiver is required for participation. Failure or refusal to sign shall void participation without refund.
12. Right to Enforcement: This Agreement is for the benefit of Sports Monster and its employees and directors, information providers, licensors, suppliers, agents, and ISPs; and each shall have the right to assert and enforce such provisions directly on its own behalf.
13. Correspondence: All questions and correspondences should be sent by regular mail, FedEx or UPS to: Sports Monster, 4237 N Western Ave, Chicago IL 60618-2815 or call (773) 866-2955 during regular central time business hours.
14. Modification Date: These Terms and Conditions have been updated as of November 11, 2011. Questions regarding applicable Terms and Conditions prior to this date should be addressed via the Correspondence section above.