1. Introduction
The Booster and Athlete Agreement ("Agreement") sets out the terms which govern each transaction between a Booster and an Athlete or Creator (henceforth just Athlete) on the booster.club platform.
2. When does this Agreement apply?
Each time a Booster/Athlete Transaction is initiated on booster.club, this Agreement between Booster and Athlete will apply to the exclusion of any other terms which the Booster or Athlete may propose, and this Agreement between Booster and Athlete will legally bind the Booster and Athlete participating in the Booster/Athlete Transaction.
3. Interpretation
In this Agreement, defined terms have the following meanings:
a. “booster.club” means the website accessed via the URL booster.club or via similar or related means;
b. "Content" means any material uploaded to booster.club by any User (whether an Athlete or a Booster), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
c. "Athlete" or “Creator” means a User who has set up their booster.club account as an Athlete account to post Content on booster.club to be viewed by other Users
d. “Booster” means a user who follows an Athlete and is able to view the Athlete's Content;
e. “Referring User” means a user who participates in the booster.club Referral Program;
f. “Booster/Athlete Transaction” means any transaction between a Booster and an Athlete on booster.club by which access is granted to the Athlete's Content in any of the following ways: (i) a Subscription, (ii) payments made by a Booster to view an Athlete's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Booster to use the Booster interaction function on an Athlete's account;
g. “Booster Payment” means (i) any and all payments made by a Booster in respect of any Booster/Athlete Transaction, and (ii) any and all tips;
h. “TFF” means the booster.club fee charged by booster.club to Athletes in accordance with the booster.club Terms of Use;
i. “Subscription” means a subscribing Boosters monthly subscription to an Athlete's account;
j. “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the USA or any other jurisdiction.
All capitalized terms otherwise undefined herein shall have the meaning ascribed to it in our Terms of Use.
4. Pricing and Payment:
By entering into a Booster/Athlete Transaction, the Booster agrees to pay the Booster Payment applicable to the relevant Booster/Athlete Transaction in accordance with the pricing published in the Athlete's account plus any VAT which is applicable. The Booster and Athlete participating in the Booster/Athlete Transaction authorize booster.club or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Booster Payment and any applicable VAT, or tax to deduct the TFF Fee, and to pay out the sums due to Athletes and (if applicable) Referring Users, as described in the booster.club Terms of Service.
5. License of Content
Once the Booster has made the Booster Payment for a Booster/Athlete Transaction, the Athlete grants to the Booster a limited license to access the applicable Content of that Athlete to which the Booster/Athlete Transaction relates (the "Relevant Content"). This license is non-transferable, non-sub-licensable and non-exclusive, and permits the Booster to access and view the Relevant Content on the Booster's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Booster's accessing the Content (i.e. caching), in accordance with the booster.club Terms of Use.
6. Ownership of Content
The Booster participating in the Booster/Athlete Transaction acknowledges and agrees that the license of the Relevant Content provided in section 5 of this Agreement does not result in the Booster acquiring any rights in or to the Relevant Content, which rights shall be retained by the Athlete of the Relevant Content. Athletes own their content. Boosters do not.
7. Expiry of License and Access
The license granted to a Booster in relation to the Relevant Content will expire automatically without notice in the following circumstances:
a. If the Booster Payment related to the Booster/Athlete Transaction was unsuccessful, or is charged back or reversed for any reason;
b. in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew;
c. if the Booster's User account is suspended or terminated for any reason;
d. if the Booster acts in breach of the booster.club Community Guidelines Or TOS (whether in relation to the Relevant Content or at all);
e. if the Content is removed by the Athlete from the Athlete's account;
f. if the Booster closes their booster.club User account.
8. Cancellation and Refunds
In respect of every Booster/Athlete Transaction:
a. The Booster acknowledges that the Booster/Athlete Transaction will result in a supply of the deemed relevant Content to the Booster before the end of the period of 30 days from the date when the Booster/Athlete Transaction is entered into, and the Booster gives his or her express consent to this and confirms to the Athlete that he or she is aware that any statutory right to cancel the Booster/Athlete Transaction which the Booster has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
b. This Agreement does not affect any statutory right to receive a refund from the Athlete which a Booster may have under the Consumer Rights Act 2015 or any other applicable law.
9. Obligations Between Athlete and Booster
In respect of every Booster/Athlete Transaction:
a. The Booster and the Athlete participating in the Booster/Athlete Transaction agree to comply at all times with the booster.club Terms of Use in relation to the Relevant Content, including when accessing, viewing and interacting with it.
b. The Booster participating in the Booster/Athlete Transaction agrees to make the Booster Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Booster disputes the Booster/Athlete Transaction in good faith.
c. The Athlete participating in the Booster/Athlete Transaction agrees to make the Relevant Content available to the Booster once the Booster has made the Booster Payment applicable to the Relevant Content.
d. The Athlete warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Booster in the territory in which the Booster will be accessing the Relevant Content, and has obtained any and all permissions and/or legal documentation or consents as needed.
e. The Athlete is solely responsible for creating and uploading the Relevant Content. The Athlete provides no guarantees that they will continue to create and upload Relevant Content on an ongoing basis.
f. Unless there has been negligence or other breach of duty by the Athlete, the accessing by the Booster of the Athlete's Content is entirely at the Booster's own risk.
10. No Guarantees
The Booster participating in the Booster/Athlete Transaction acknowledges that Athletes may add and remove Content at any time from their Athlete account per the Athlete’s sole discretion, and that Athletes have the discretion to decide what sort of Content to make available on their account.
In addition, the Booster participating in the Booster/Athlete Transaction acknowledges that there may be circumstances where it is not possible for the Booster to access to Relevant Content to be provided under the Booster/Athlete Transaction, including:
a. if the Athlete’s account is suspended or deleted;
b. if the Booster’s account is suspended or deleted;
c. if the availability of all or any part of booster.club site is suspended or inaccessible; or
d. if the Athlete is unable to create or upload Relevant Content in the future.
11. Terms Related to Disputes
This Agreement is governed in accordance with the provisions regarding Disputes set forth in the Terms of Use.