Home Forums Long Island & Eastern New York Soccer Message Boards SUSA: All you need is an ATM Card and a Dream | Forum Does the new SUSA contract contains Force Mejeure clause

Let me introduce myself. I'm Agent SBI (Soccer Bureau of Investigation) and I am on the case.

I want to report to all of you signing a a new season contract that I believe the new contract contains a force mejeure clause. This clause, I believe, has been put it so that if the fall season or any tournament you pay for doesn't happen because of Covid coming back or the sesson cant start because of the pandemic that you may not b entitled to a refund. will other clubs, leagues and soccer acdemies to to this also? If this is ok with you then ok but if it isnt then dont sign or ask for it to be removed. I'll save you the trouble of googling force mejeure and will paste what wkipedia says it is.

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Force majeure is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic or an event described by the legal term act of God, prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not excuse a party's non-performance entirely, but only suspend it for the duration of the force majeure.

Force majeure is generally intended to include occurrences beyond the reasonable control of a party, and therefore would not cover:

Any result of the negligence or malfeasance of a party, which has a materially adverse effect on the ability of such party to perform its obligations.

Any result of the usual and natural consequences of external forces.

To illuminate this distinction, take the example of an outdoor public event abruptly called off.

If the cause for cancellation is ordinary predictable rain, this is most probably not force majeure.

If the cause is a flash flood that damages the venue or makes the event hazardous to attend, then this almost certainly is force majeure, other than where
the venue was on a known flood plain or the area of the venue was known to be subject to torrential rain.

Some causes might be arguable borderline cases (for instance, if unusually heavy rain occurred, rendering the event significantly more difficult, but not impossible, to safely hold or attend); these must be assessed in light of the circumstances.

Any circumstances that are specifically contemplated (included) in the contract—for example, if the contract for the outdoor event specifically permits or requires cancellation in the event of rain.

I had heard this rumor about a week ago and didn't think it was credible. When I saw this post come in yesterday afternoon, I sent a text to Moussa to ask if this was true? I did not receive a reply. If I do, i will post post it.

That says it all.
Thanks to the Agent and you Larry to bring this to our attention. Most consumers sign these kind of agreements without looking at the fine print. Obviously, a benevolent family organization like SUSA is not going to bring it to the spotlight of their consumers before they sign their agreements for the forthcoming season.
It’s kinda what has been going on in the USA when people agree to terms and conditions on social media platforms and download apps etc and give up their privacy. So many pages of fine print that they just agree without reading.

The only thing Susa parents see is the player acceptance package. Would these new terms be added to that? Or would it be something Susa parents don’t even see?

In order for the clause to be enforceable, it has to be part of the contract at signing. Fact is most people don't read the clauses as previously stated by others.

I'm shocked.... NOT!

SUSA DOUBLING DOWN. No other way to see this other then they are out slicking SLICK himself. There is a new soccer thief on LI. Sad as these guys started the right way. What and why did they go wrong??

Thanks for the info

If this is true, this needs to be shared extensively.

Money, money, money!!! Look, it takes a lot to run a growing organization but I think they got off the right path and strayed to the wrong path and lost their ideals along the way. Sad to say they are just in our area. I guarantee you that there are many more out there like SUSA across the USA. Kids sports is a billion dollar industry.

Agreed, but until SUSA/Moussa replies to the text I sent (pasted below) I think it is fair to assume it is true.....here is what i sent to Moussa yesterday;


Here is some more stuff coming into BOTN...a poster has claimed that your new player contract with the parents contains a “force majeure” clause prohibiting anyone from getting a refund due to the pandemic, cancellation of the Fall season, etc... Can you confirm or deny that your player contract does or doesn’t contain a “force majeure” clause?

Do you know what a force majeure is?

If it wasn’t true, most likely he would’ve responded to your text immediately. He probably is consulting with his legal team” and PR firm to determine how to reply and possibly spin it

True. And this also gives further assurance/credibility that families should be receiving refunds from this past season.

Not necessarily. It could merely be added so They can claim transparency and no confusion as to their intention going forward. However, just adding it to the fine print doesn’t add transparency.

True. And this also gives further assurance/credibility that families should be receiving refunds from this past season.[/quote]
Not necessarily. It could merely be added so They can claim transparency and no confusion as to their intention going forward. However, just adding it to the fine print doesn’t add transparency.[/quote]

If this clause was not present for this past season (it wasn’t in the player acceptance package), then people are due refunds. You can’t add something after parents already signed a contract.Going forward is a different story.

Not necessarily. It could merely be added so They can claim transparency and no confusion as to their intention going forward. However, just adding it to the fine print doesn’t add transparency.[/quote]



I dont believe anywhere it was stated that this applied to the Spring season. I'm of the belief that is has been added to Fall player' deal, and maybeinto future papers.

I also sugges that if this type of legalese is a problem you read what you sign before you sign.

Moussa still can’t find his cell phone, huh?

Nope, and that isnt the first time he apparently has misplaced it. In fairness to Moussa, he may not be able to respond?

I think what may be confusing to many is that there still remains a mindset that youth soccer is run by volunteers who are in it for the community and the kids. While that is still true in many town clubs, it is the youth soccer businesses run as profit making entities with millionaires looking for a huge return on their money.

SUSA, NYCSL, EDP, Surf, and Barca, and probably others are run and owned by millionaires. Millionaires dont become millionaires by being charitable. Without saying who, one of the folks whose organization I just mentioned told me about 3 years ago that the taxes on his house were $64,000 a year. No, I did not mis-type the amount.

In this particular case, the SUSA financial and ownership has invested a few million dollars and justifiably so, should make his investment back and turn a profit. The question and concerns is how they do it.

I dont know if Moussa has some ownership in all this or is a very well paid contractually obligated employee, but whether or not he is, he sure has changed from the guy he used to be. That is my opinion, and experience dealing with him over many, many years.

Agree. People understand that this is a business but HOW they make/take their money is the issue. No one expects them to be charitable but literally taking money from hurting people is disgusting. Parents can clearly see what Susa is truly about. Hopefully this new clause is read by everyone before signing away your bank account.

It is and has always been thought by many that Moussa started SUSA and then was backed financially after investors saw success and potential in his Academy. In fairness to him, the C Level Execs, Shareholders, etc often make decisions that the people who actually run the day to day business of a company have to suck it up, accept and just do it or be out of a job. Everyone who has worked for a large corporation knows this as fact. It's about them making money and if you don't make them money doing what your told then they will just give you the boot and find someone else to do it for them. It's a shame that youth sports has come to this but it is a multi-billion dollar business....

Here's the wording from the SUSA package

Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts of God, riots, acts of war, epidemics, pandemics, power failures, earthquakes or other disasters, providing such delay or failure of performance could not have been prevented by reasonable precautions and cannot reasonably be circumvented by such party through use of alternate sources, workaround plans, or other means, except as provided in this Agreement. Notwithstanding the foregoing, no force majeure event shall excuse the timely payment of all amounts due from Purchaser/Tenant hereunder. Financial disability or hardship shall never constitute a force majeure event.

But then doesn't every club have us by he cojones if they use this? Then no one should register.

But doesnt every parent have them by the cojones if they don't take out their credit card?

SUSA's website contains the following regarding COVID and this upcoming season:

COVID-19 REFUND POLICY FOR 2020/2021

Although we do not offer refunds. If we are shut down by the Government as we were this past Spring SUSA will offer the following.

$150 credit each month we are shut down. This credit will automatically be taken off the next months installment.

Virtual learning will take place throughout shutdown.