These “Terms of Service” have been written to describe the conditions under which we make the Challenger Sports service and products (the “Service”) available to you through our websites and mobile applications (collectively referred to as the “Site”)
In these Terms of Service, “we” and “us” means Challenger Sports, Inc., a Kansas corporation, and “you” means the person using the Service. “Both of us” or “Either of us” means both or either of you or us. These Terms of Service discusses important limitations about the way you may use and rely upon materials you find on the Site.
READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE OR IF YOUR RIGHT TO USE THE SITE HAS BEEN TERMINATED (SEE BELOW), YOU MAY NOT USE THE SITE.
Eligibility to place orders on this site
Adults and Minors
While we sell products and services for adults and children, we sell them to adults. If you are under 18, you may use the Site only with involvement of a parent or guardian. Accordingly, any individual under the age of 18 years (“Minor”) must have a parent or guardian accept these Terms of Service in order for such Minor to use the Site. A parent or guardian who accepts these Terms of Service on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with these Terms of Service, including any payment obligation. A parent or guardian who accepts these Terms of Service on behalf of a Minor will continue to be primarily liable for the obligations mentioned in these Terms of Service even when the Minor has attained the age of 18, unless the parent or guardian obtains the Company’s express written consent to the contrary.
Children Under 13
Due to restriction on the storage and use of personal information, no person under the age of 13 may use the Site. Any information relating to a person under the age of 13 must be submitted by parent or guardian of such individual. You hereby authorize us to verify your representations and warranties herein, and you acknowledge that we reserve the right, but not the obligation, to verify such representations and warranties, and to take action we deem appropriate in our sole discretion, including but not limited to terminating your right to use the Site, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of these Terms of Service.
Individual(s) Placing Group Orders
You may submit or arrange for the submission of orders on behalf of a group of individuals –such as a team, club or school (i.e., a “Group”). In such cases, if you identify yourself as an organizer of that Group, then you promise that you are authorized on behalf of the Group to enter into this Agreement and you have authorization to obtain and provide to us information about the Group, solicit the Order Information (see below) from other members of the Group on behalf of the Group, and that the agreements in these Terms of Service are made by you on behalf of the Group.
As part of the ordering process, you may submit to us pictures, logos, personal information and other materials for use in customizing your order (your “Order Information”). In providing Order Information to us with the Site you grant us the nonexclusive, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Order Information for the purpose of providing you goods and services through the Site, and may use and disclose it for marketing purposes and in aggregate form, for benchmarking, improvements to products and services, or marketing. You represent and warrant to us that you own or otherwise control all of the rights to the Order Information that you make and have the right to submit it for this purpose. You also represent that our use of the Order Information will not violate any third-party rights.
The rights you are granting us and the representations and warranties regarding the Order Information include, without limitation, slogans, logos, photographs and other artwork, and our ability to modify and adapt such materials as necessary in order to make customized products for you. Order Information may also include your providing or arranging for access to team rosters, which may include individual names, numbers, and size information. You represent and warrant that you own or control the right to provide this information on behalf of those individuals.
We attempt to be as accurate as possible, and product descriptions are often provided to us by their manufacturer and/or supplier. However, we do not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it to us for a full refund.
Challenger Sports will occasionally offer promotional discounts, special offers and give-aways. The company reserves the right to end promotions at anytime. This section may list the specific terms of certain promotions and these promotions may change or end at the company’s sole discretion.
We accept standard credit cards for payment for orders and will charge your credit card at the point the order has been accepted.
By selecting the “I Accept” button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting “I Accept” you consent to be legally bound by this Agreement’s terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and (Challenger Sports and its affiliates). You also represent that you are authorized to enter into this Agreement.
Title and loss
Risk of loss and title of items purchased on the Site passes to you upon delivery of the items to the common carrier.
Must be done within 30 days of receiving merchandise. Please allow 2-3 weeks for your exchange. If you have ordered the wrong size, please ship the items back in their original packaging and include a note with instructions for the size required and your order number. Challenger will ship the replacement items back at no additional cost in appreciation of your business .
Program refunds and insurance
On all week-long summer camps the Releasees will offer an insurance option during checkout that covers anyone in the result of injury/illness.This includes residential camps. The terms and conditions of that insurance policy will be communicated separately and are also listed below.
We will use the same policy as above on our year-round Club Partner and Programs (previously referred to as “Academy”). These cover but are not limited to TinyTykes, Next Level Training, Next Level Skills Leagues, Holiday Programs, After School Programs and Futsal Programs.
The Releasees reserve the right to withhold this insurance option on specific programs on a case by case basis. If the option is not present during online checkout then it is not available to the parent and cannot be purchased. It also will not be offered retrospectively.
If a parent does not opt into this policy during checkout then unfortunately no refund will be offered in the event of injury/illness.
Terms of insurance-
- A parent in most cases can opt in to this insurance during checkout and will be charged 7% per program.
- The opt in opportunity applies to each program you sign up, including any bonus sessions (eg. Overtime)
- This is the only way to opt into insurance- it is only available during online checkout.
- If you have purchased our insurance option and your child has an injury/illness then you can contact our customer service department to speak to someone about making a refund claim. Be prepared to show proof of injury/illness and please note again that injury/illness are the only situations covered. Any other reason for cancellation is not covered by insurance (see options below if this pertains to you).
- Call: 1-800-878-2167 ext 280
- Email: email@example.com
- The standard of proof that we will ask for is to provide a note from a medical provider, as well as providing a signed statement from a parent or legal guardian confirming that this note is genuine and based upon the opinion of a medical professional*. If you are able to satisfy these 2 requirements then a full refund will be issued. Our senior management team will make the final decision on any disputed claims.
Cancellations by a parent if insurance is declined, not available or due to any other reason outside of injury/illness will be handled as follow:
If a customer cancels their weeklong day camp* at least 30 days prior to the start of camp then they will be eligible to claim Account Credit. A refund will not be issued. No Account Credit will be available if they cancel within 30 days of camp. *See exceptions below for our Elite Camps.
On our year-round Club Partner and Programs (previously referred to as “Academy”) the same terms will apply as on our weeklong day camps above, the only exception is that Account Credit is still available for anyone who cancels up to 14 days before the start date of their program.
On our Elite residential camps (which typically run Sunday- Thursday), a $250 deposit is required at the time of registration. The remainder of fees will be collected via recurring payments until the balance is paid off. Any registration canceled more than 30 days before the camp start date will be entitled to a refund of all monies up to but not including the deposit amount. Any registration canceled within 30 days of the camp start date will not be eligible for a refund of any kind, but instead will receive a credit to their account valid for a period of one year, minus the deposit fee.
On our Elite day camps,a $100 deposit is required at the time of registration. The remainder of fees will be collected via recurring payments until the balance is paid off. Any registration canceled more than 30 days before the camp start date will be entitled to a refund of all monies up to but not including the deposit amount. Any registration canceled within 30 days of the camp start date will not be eligible for a refund of any kind, but instead will receive a credit to their account valid for a period of one year, minus the deposit fee.
Cancellations initiated by the Releasees will entitle all registered participants to a full refund, minus any merchandise purchased and already sent out.
As regards Elite Camps, any student who must leave camp due to illness (including COVID-19 or exposure to it) or injury will receive no refund, but may receive a camp credit determined by subtracting the deposit from the cost of camp and prorating the remaining sum by the number of sessions missed. Students who arrive late to camp, leave camp early, or miss any portion of the camp for reasons other than sickness or injury will receive no refund and no credit. Any student found to be in violation of our camp rules will be dismissed immediately without refund or credit, and ineligible to attend any of these camps in the future.
The Releasees will make every effort to make up for time lost to bad weather, wildfires or other acts of God on all of our programs. There will be no refunds due to time lost in these situations. They will also from August 2021 onwards adhere to their own Air Quality and Excessive Heat Policy Guidelines. These guidelines also include a reference as to when programs will or will not continue due to Air Quality. There will be no refunds due to time lost in these situations.
From 2022 the Releasees are classifying any participant restrictions due to COVID-19 as falling under the “injury/illness” category and any insurance (if purchased) claims will follow the guidelines stated above.
As regards any virtual program or offering, whether live or on demand, special consideration for any refund claim may be given in those circumstances due to technical difficulties outside of the customer’s control, but each case will be considered on its own merits.
Please note the policies above covers registrations made through the Releasees’ registration platform (Configio/Community Brands). If you have registered through an external group using their registration system or by any other method then you would be bound by their terms and conditions first and foremost. The information on this page is designed to act as a guideline but ultimately the policy, terms and conditions in place for each individual purchase will be made available during online checkout and via confirmation emails, and these 2 methods will override anything listed on this site.
Intellectual property rights
We (or the third parties providing materials through the Site) retain all copyright and other proprietary rights in the Site or the materials available through the Site. You may not modify the materials in the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. The materials in the Site are copyrighted and any unauthorized use of any materials at the Site may violate copyright, trademark, and other laws.
Your compliance with applicable laws and regulations
You agree not to use the Site in a manner that would cause you or us to violate any applicable local, state, national or international law, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Site, and any export or re-export laws, rules and regulations; interfere with or disrupt the Site or take any steps to interfere with or in any manner compromise any security measures with respect to the Site or any data or file transmitted, processed or stored on or through the Site.
Disclaimers and limitation of liability
The Site is provided “AS IS” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. In no event will we, our suppliers, or other third parties be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, whether based on warranty, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.
You agree to indemnify, hold harmless and defend us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney’s fees and other dispute resolution expenses) incurred by us, due to or arising out of your use or misuse of the Site, your violation of these terms of service, or your violation of any rights of another.
Changes to the site
superseded by expressly designated legal notices or terms located on particular parts of the Site. We may, at any time, modify the Site, or stop (permanently or temporarily) providing the Site (or any features within the Site) to you at our sole discretion and for any reason, and without notice, without liability to you or any person, including without limitation if we believe you have breached or may breach any provision of these Terms of Service; or if the provision of the Site to you is, in our opinion, no longer commercially viable. Upon any such termination, the provisions of these Terms of Service shall continue in effect except you are no longer authorized to use the Site. Termination shall not relieve you for liability for breach occurring prior to termination.
We may desire to make changes to these Terms of Service from time to time to update it, for example to add references to different products and services. We may specify amended or updated terms that apply to the use of Site after the effective date of such amendment or update, and we will make a new copy of these Terms of Service available to you and may require you to accept it as a condition to the continued provision of the Site to you. In addition, the continued use of the Site after receipt of such amended terms shall constitute your agreement to such amended terms. In addition, any modification, amendment, or waiver of any provision of these Terms of Service shall be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Site. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
We administer the Site from our offices in Lenexa, KS, USA. We make no representation that the Site is appropriate or available for use outside the United States, and access to the Site from territories where its use is illegal is prohibited. You may not use or export or re-export the Site or materials found thereon or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms of Service will be governed by and construed in accordance with Kansas law, without giving effect to any principles of conflicts of laws. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Kansas, USA, to resolve any legal matter arising from these Terms of Service. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. We reserve the right to change the location of Site administration without advance notice.