Terms & Conditions
1. DEFINITIONS
1.1 “Carer” means the person / persons who attend the course or any part of it, with the pupil.
1.2 “Parent” means a parent or legal guardian who will be responsible for the payment of the Fees and who is the contracting party to this contract.
1.3 “Tots Coaching” means the company with whom you have entered into this agreement.
1.4 “Course” means the Tots Coaching Course described on the website.
1.5 “Registration Form” means the form relating to the registration of the pupil on the course.
1.6 “Fee” means the monetary cost per course as specified on the enrolment form.
1.7 “Coach” means the individual(s), contracted or employed by Tots Coaching to teach the course.
1.8 “Venue” means the premises where the course takes place.
1.9 “Pupil” means the child attending the course, whose details are specified by the Parent or Carer on the registration Form.
1.10 “Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Tots Coaching and the Parent.
1.11 “Make Up Class” refers to an extra session, granted in accordance to the Tots Coaching terms & conditions, in response to a course class being missed by the enrolled child.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 All agreements relating to the teaching of the Course by Tots Coaching to the Pupil are subject to these Terms to the exclusion of all other terms and conditions.
2.2 No variation or addition to the Terms shall be binding unless agreed in writing by Tots Coaching and the Parent.
2.3 The Terms shall be deemed to have been accepted by the Parent upon payment of the Fee by or on behalf of the Parent. Payment by the Carer shall be deemed to have been made on behalf of the Parent.
2.4 The Parent and/or Carer agree to keep the content of the Tots Coaching course and the Tots Coaching Training Programme confidential and not to copy or use any aspect of the Tots Coaching Programme directly or indirectly.
3. BOOKINGS, PAYMENTS AND MAKE UP CLASSES
3.1 During term courses Tots Coaching will not accept children that have turned up without prior arrangement. A child is permitted to attend a FREE taster session if registered online first. If they wish to attend again they must make a booking for the remainder of the course which is done online (or organised through our admin team).
3.2 Participants must be pre-registered prior to the start date of the course and all bookings are taken on a first come first serve basis.
3.3 Bookings can be made via telephone, email or through our secure website only. Once a booking is received, confirmation and a receipt will be sent via email to the specified address. Tots Coaching are not liable for the delivery failure of any receipts sent to incorrect email addresses.
3.4 Tots Coaching does not issue refunds or credit notes under any circumstances.
3.5 A course is booked for either a month by month or 6 sessions at a time. If a course of sessions has started a pro rata scheme will be used.
3.6 If your child misses a session they will not be entitled to any free sessions as a result.
3.7 Payment is taken on a PayPal System, BACS Transfer or cash payment.
4. CANCELLATION
4.1 If there is an issue with the venue that is deemed to be out of Tots Coaching control then Tots Coaching can cancel a class and is not permitted to provide a refund. Tots Coaching will make every effort to contact all parents with the contact details we have available. However the parent/carer must ensure that we have the correct and up to date contact information for their child.
4.2 Tots Coaching will not be liable for any loss or damage that arises as a result of cancelling a class.
5. PARENT’S RESPONSIBILITY
5.1 The Parent warrants and represents that:
5.1.1 The information set out in the registration form (whether or not completed and/or signed by the Parent) is accurate in all respects and the Parent will notify Tots Coaching of any change in such information immediately.
5.1.2 When attending the Course, neither the Pupil nor the Carer will be suffering from any illness, disease or anything similar thereto.
5.1.3 The Parent acknowledges and agrees that the Pupil shall be deemed to be under the direction, care and control of the Carer throughout the course and the Carer shall be responsible for the welfare and conduct of the Pupil throughout the course and whilst the Pupil is on the Premises. Premises are defined as “inside the walls of the Sports Hall” and within the playing area set out on the grass
5.1.4 The Parent shall indemnify and keep indemnified Tots Coaching against all loss (including loss of profit), liability, costs and expenses which Tots Coaching shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Pupil.
6. DISCIPLINE
6.1 In the event that Tots Coaching determines the behaviour of the Pupil and/or the Carer to be unacceptable, Tots Coaching shall be entitled to exclude the Pupil and the Carer (or either of them) from the course and Premises permanently or for such period as Tots Coaching shall (in its entire discretion) determine.
6.2 The standard of behaviour which is to be regarded as unacceptable at a course or on Premises shall be determined by Tots Coaching.
7. EXCLUSION OF LIABILITY
7.1 Except in the case of fraud and subject to clause 7 below, Tots Coaching, its coaches, servants, employees, contractors or agents accept no responsibility under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Parent, the Pupil or any other party arising directly or indirectly or in any way connected with the attendance of the Pupil at the Course (or any part of it) or any other act or omission on the part of Tots Coaching or any of its coaches, servants, employees, contractors or agents even if such act or omission is negligent.
7.2 The Parent agrees (for and on behalf of the Parent and the Pupil) that any claim by the Parent or the Pupil against Tots Coaching or any coach, employee, contractor or agent of Tots Coaching must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be time barred.
7.3 The Parent acknowledges, warrants and undertakes (for and on behalf of the Parent and the Pupil) that the maximum aggregate liability of Tots Coaching to the Parent and/or Pupil under these terms shall not exceed the Fee.
7.4 All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of Tots Coaching, its coaches, servants, employees or agents or affects the statutory rights of the Parent or Pupil.
8. GENERAL
8.1 Any notices to be sent by either party to the other shall be sent by pre-paid recorded delivery or registered post or hand delivered to the address of the relevant party and shall be deemed to have been received by the addressee within 48 hours of posting if sent by post and immediately if hand delivered. Tots Coaching do not accept service of documents by email or fax.
8.2 The failure by either party to enforce at any time or for any period any one or more of the obligations arising under these Terms shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms.
8.3 These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party of which is not contained herein shall be binding or form part of this Agreement.
8.4 This entire agreement shall be governed by English Law and shall fall under English jurisdiction.
9. MARKETING
9.1 Tots Coaching may from time to time take photographs and videos to be used for marketing purposes. Unless Tots Coaching receives written instruction to avoid photography or videography of your child Tots Coaching will assume we have consent. Unless we receive written instructions we cannot and will not remove, replace or destroy any marketing collateral that we have used with your child visibly on them.
10. REFUND / CANCELATION POLICY
10.1 If there is an issue with the venue that is deemed to be out of Tots Coaching’s control then Tots Coaching can cancel a class and is not permitted to provide a refund. Tots Coaching will make every effort to contact all parents with the contact details we have available. However the parent/carer must ensure that we have the correct and up to date contact information for their child.
10.2 Due to the nature of our business, no refunds or credit notes can be given under any circumstances. Please see point 3 (Bookings, Payments and Make up classes) above for more details.
10.3 Tots Coaching will not be liable for any loss or damage that arises as a result of cancelling a class.
10.4 To cancel your subscription with Tots Coaching you must email 1 week before your session is due to expire. It is your responsibility to ensure we have your correct email address & contact number when we send reminders that your subscription is due for renewal
11. DATA PROTECTION
11.1 We take the privacy of our members seriously. This paragraph explains the ways in which we use your personal information. If you have any request about your personal information, please contact our office 07517 119230 or email totscoaching@gmail.com.
We will collect personal information from you through your membership application form, a change of circumstances form, any information (including personal information) you provide on our website (www.totscoaching.com) or our partners’ websites, or through your involvement with us, including information (including personal information) you provide for our other services (for example, personal training sessions), competitions, trials and challenges. The information we collect may relate to your child’s health or condition.
We can keep, for a reasonable time, copies of all documents and information you have provided as part of your membership application and as a member, even if we refuse your application for membership or if you or we end your membership for any reason.
We may give your personal information to our business partners, those who take over our business and suppliers we ask to provide services on our behalf which relate to these terms. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy and the Data Protection Act 1998.