MEMBERSHIP AGREEMENT CONDITIONS AND POLICIES

TERMS AND CONDITIONS ACCEPTANCE

By registering a player, enrolling in any membership, completing payment, or allowing a player to participate in practices, games, mini games, or any program activities with Night Ravens Soccer Academy, the parent or legal guardian acknowledges that they have read, understood, and agree to be bound by the following Terms and Conditions. Enrollment, payment, or participation in the program constitutes full acceptance of these Terms and Conditions, even if the parent or guardian has not physically signed the Welcome Packet. The parent or guardian further agrees that the act of completing registration or making payment represents their authorization and agreement to all policies outlined below.

FIRST; MEMBERSHIP CONDITIONS.- By this agreement, the parent or guardian acknowledges and accepts the following conditions and policies of administration, direction, and management established by Sports of Texas LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy. By accessing, registering, making payment, or participating in the program, you accept each and every one of its clauses, including those that imply a disclaimer in favor of Night Ravens FC, Night Ravens Soccer Academy, The Exceptional Sports Foundation, Sports of Texas LLC, The Ravens, Ironside Active (Hereinafter “The Exceptional Sports Foundation”). As parent or guardian of one or more minors, I act on my behalf and on behalf of the children, when I read and accept this policy. I further declare that none of these rules are contrary to the best interests of the child and I waive, in the future, to all legal actions that may be based in violations of children’s rights, on the occasion of this agreement.

SECOND; CANCELLATIONS.- Cancellations for yearly or contract memberships are considered a breach of contract and, with the exception of relocation as a result of military orders or severe injuries that will not allow the player to continue or complete the season, the contract is considered still in place. For these previous cases documentation will be needed to avoid cancellation fees. Only official documents provided by authorities or authorized providers will be accepted.

All yearly or contract membership cancellations are subject to a $200.00 (two hundred dollars) penalty fee, which will be charged at the time of the cancellation.

If the cancellation or breach of contract was due to breaking of the rules by parent or child, including code of conduct or team rules (caused by the parents or the minor’s wrong behavior) the cancellation will be considered an expulsion from the team. In these cases, it will not be possible to grant money back. Monthly charges will continue until the end of the contract or the cancellation fee will be charged.

The $200 cancellation fee does not apply to weekly memberships, monthly non-commitment memberships, season packages, or promotional memberships advertised as “no contract.” The cancellation fee will not be enforced if the membership was enrolled under a promotion that explicitly states that no contract or no cancellation fee applies.

THIRD; RENEWALS.- Any renewal will be automatically charged. The subscriber will be informed by e-mail 30 days before to the end of the term to accept or refuse the renewal; if no action is taken by the subscriber, The Exceptional Sports Foundation will proceed as if the subscriber has fully and unconditionally accepted the terms of the contract. Membership payment must be made electronically via the nightravensfc.club website, via the nightravensfc.com website or via the soccerravensacademy.club website. Once the payment is confirmed, the renewal will be deemed valid. If the payment is not confirmed, membership will be lost. Prior rate charged for membership will not be honored and current rate and fees will be assessed if Player signs up at a later date. It is the strict responsibility of the parents or guardians to deal with the payment of the membership and the conditions for its renewal.

FOURTH; PRICES.- Membership prices are set by SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy on its different platforms , APP or websites. Only SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy may make discounts on the total price. The membership payment is individual (one membership, one child) and is not transferable. You acknowledge that SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy may change its fees and/or fee structures for Services from time to time in its discretion, including instituting fees for use of Services that were formerly included in free services or other free functionality on the websites or the Apps. SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy will post notice of such changes on the website(s) or the App. Any pricing changes to your paid Subscription Services will be effective as of your next Subscription Period and not impact your current Subscription Period. You agree that your continued use of all or part of the Services will be subject to your payment of any applicable fees. SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services. If you are a subscriber, you shall pay SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy all fees associated with your subscription level ordered as set forth in the subscription section of your user profile or in the signed and accepted order form, whether or not you use any or all of the Subscription Services to which you are entitled. Prior to accessing your Subscription Services, you must provide SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy with a valid credit card, PayPal account, or other form of payment acceptable to SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy. Subscriber agrees to pay The Exceptional Sports Foundation: 1) any one-time professional service fees specified in your order upon activation of our Subscription Service, a) the base fees for your Subscription Level in advance of each Subscription Period, e.g. Annually, Weekly or Monthly, b) any excess usage fees monthly in arrears for any use of Services above that specified in your Subscription Level (regardless if you were notified or aware of such excess usage or fees), and c) all taxes, including sales, use, personal property, value-added, customsfees, import duties,stamp duties and any othersimilar taxes and duties, including penalties and interest, imposed by any United States federal, state, provincial or local government entity or any non-US government entity on the transactions contemplated by this Agreement, excluding taxes based upon Company’s net income. If you provided a credit card, PayPal or other automatic electronic payment method (your “e-Payment Account”), you agree that SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy may charge your e-Payment Account for all fees for your Subscription Services as they are incurred including renewal payments on the last day of each Subscription Period. If you are invoiced by SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy, you agree to pay all such invoices within thirty (30) days of the date of the invoice. All fees are payable in United States dollars and are non-refundable. Subscriber agrees to provide SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy with complete and accurate billing and contact information and keep it up-to-date throughout the term of the Agreement. If SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy fails to receive payment by the due date, SPORTS OF TEXAS LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy may, in its sole discretion, suspend use of Subscription Services and delete your account. Subscriber will reimburse The Exceptional Sports Foundation for all reasonable attorneys’ fees and costs incurred to collect past due amounts.

PART III: REFUND POLICY.

RULES AND EXCEPTIONS FIRST; REFUND POLICY.- Memberships have a stringent refund policy, because a player’s acceptance has the effect of denying another player an opportunity to play on a team. Accordingly: 1) Fees are not refundable and non-transferable including uniform or training jerseys. 2) A parent of a player who joins The Exceptional Sports Foundation, commits to pay the entire fee of their full chosen membership. 3) No refunds, partial or full, will be made to players who choose not to participate at any point after registration and at any time, for any reason, including players suspended from the program. The only exceptions are as follows: a) In the event a player has a season-ending injury. b) For Military families that move during the season under military orders. c) The player cannot be placed on a team. d) The Academy Director may consider, at his discretion, a partial refund on a case by case basis.

SECOND; REGISTRATION FEE.- Registration fees need to be paid in full before the first practice. There are no registration fee refunds.

THIRD; All applicable paperwork including the full Welcome Packet must be completed prior to Player participating in any practices, games, mini games, etc.

FOURTH ; NOTIFICATIONS- All official written notifications, including cancellation requests, must be sent by email to rmartinez@nightravensfc.com. Notifications sent through text message, WhatsApp, social media, Spond, phone call, or verbal communication will not be considered valid cancellation notices. It is the sole responsibility of the parent or guardian to ensure that the cancellation email is successfully sent and received by Night Ravens Soccer Academy. Failure to receive a written email confirmation of the cancellation does not constitute proof that proper notice was provided.

FIFTH; AUTO-DRAFT MONTHLY CREDIT CARD CHARGE PLAN I hereby authorize Sports of Texas LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy to charge my debit / credit card monthly tuition fees for The Exceptional Sports Foundation beginning on the registration date and every month for the next twelve (12) months (for yearly memberships) or every month (for monthly memberships), or every week (for weekly memberships).

Should I decide to terminate this agreement or withdraw my child(ren) from the program before the twelve (12) months is completed, I agree to notify The Exceptional Sports Foundation in writing via email:

• Thirty (30) days before the scheduled payment date for yearly or contract memberships, or
• Ten (10) days before the scheduled payment date for non-commitment memberships (including weekly, monthly, season packages, or promotional memberships advertised as no contract).

After receipt of written notification, Sports of Texas LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy will proceed to charge the $200.00 (two hundred dollars) cancellation fee only for yearly or contract memberships, and then end the pre-authorized charges against my account. Sports of Texas LLC / The Exceptional Sports Foundation / Night Ravens Soccer Academy reserves the right to charge additional fees and/or terminate this agreement should the authorized charge to my credit card account be declined after two consecutive attempts. By completing registration, making payment, or participating in the program, I agree not to dispute any of the above charges with my bank. Doing so may result in an administrative penalty fee of up to $1,000 (one thousand dollars) to cover chargeback processing costs, administrative expenses, and damages caused by the dispute. A 6% charge will be added to all credit and debit card users. The 6% fee will not be assessed for direct payment from the bank (routing and account numbers are needed). A $15.00 (fifteen dollar) fee will be assessed for any late payments (made after the scheduled payment date) and/or any declined credit or debit card payment for any reason.