Terms of Business
Simon Mowbray trading as Multi Sport Pro, has is business registered at BG Futures, Bishop Grosseteste University College, Newport, Lincoln, LN1 3DY (“the Company”).
Pursuant to these Terms the following terms shall have the following meanings:-
“Booking Confirmation” means our confirmation of acceptance of your request for the supply of the Courses as set out in your order using the application form submitted to the Company.
“us” or “we” or “our” or “firm” shall mean the Company
"Carer" means the person / persons who attend the course or any part of it, with the Pupil.
"Coach" means the individual(s), contracted or employed by the Company to teach the course
“Commencement Date” means the date upon which the delivery of Courses shall commence as is more particularly defined the
“Contract” means the legally-binding agreement between us and you for the supply by us of the Courses or activities, which incorporates these Terms.
"Course(s)" means the services described on the Company’s website to be provided by the Company which you wish the Pupil to attend (such courses may consist of without limitation to the following, after school clubs, weekly sessions, sport training/activities, holiday camps, birthday parties or other)
"Enrolment Form" means the form completed by the Pupil, Parent or Carer relating to the enrolment or re-enrolment of the Pupil on a course or activity.
"Fee(s)" means the cost per Course as specified on the Enrolment Form (whether this is a single purchase or part of a package)
"Location" means the premises where the Course takes place
“Pupil” means the child attending the course, whose details are specified by the Parent or Carer on the Enrolment Form.
"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 and “you” or “your” shall be construed accordingly.
1 Engagement and Acceptance
1.1 All agreements relating to the services supplied by the Company to the Pupil are subject to these Terms to the exclusion of all other terms and conditions.
1.2 The Contract shall be formed (and these Terms deemed accepted by you) upon placing an order with the Company and paying the Fee(s). Payment by the Carer shall be deemed to have been made on behalf of the Parent.
1.3 No variation or addition to the Terms shall be binding on either party unless agreed in writing by the Company and the Parent.
The Contract shall commence from the date you accept these Terms (as in clause 1.2 above) and shall terminate in accordance with clause 9 below i.e. when the services offered have been completed (i.e the Course’s duration has expired) and/ or the parties cease to be contractually bound by these Terms.
3.1 Bookings must be made direct with the Company before any children can attend a Course.
3.2 The Company will not accept any children that have turned up without prior arrangement/bookings for a Course unless an event is an individual day, in which case, children can pay on that particular day.
3.3 Bookings can be made via telephone or through our secure website only. Once a booking is received a Booking Confirmation will be sent to you via an automated emailing system to the specified email address provided. The Company shall not be liable for the delivery failure of any receipts sent to an incorrect email address nor shall it be liable for any errors experienced with payment.
3.4 Courses are usually booked 10 weekly sessions at a time. The 10 weekly sessions will start upon allocation of the first session. On sign up you will be allocated 10 sessions and given your child's date of renewal. The Company will however accept booking of less than 10 upon request.
3.5 If the Pupil misses a weekly session (for whatever reason) that week will not be credited and they shall not be entitled to a free week in lieu.
3.6 All bookings are taken on a first come first serve basis and the Company shall not be liable or responsible should there be no availability for the Pupil to attend a Course.
3.7 It is Parent or Carer’s responsibility to ensure that the contact details provided on the Enrollment Form are correct (this is not the Company’s responsibility).
3.8 All Bookings are non- transferrable, unless specifically agreed with in writing by the Company.
4 Fees and Payments
4.1 The Fee(s) payable for each Course will be specified on the Company’s website and shall be as stated prior to the submission of your order and the Enrolment Form.
4.2 Subject to your chosen payment option, all Fee(s) shall be payable immediately and in advance of the Commencement Date and shall be accepted by you once you have placed an order with the Company. If payment is not received children will not be formally enrolled on to the course and should not attend (subject to clause 3.2 above).
4.3 You must pay the Fee(s) by submitting your Debit/Credit Card details with your order and payment shall be administered immediately by 'Sagepay' who is our secure online payments provider.
4.4 If you have opted for the 'multi stage' payment option for after school clubs and evening sessions you shall be required to pay the first 50% upfront prior to the Commencement Date, and the remaining 50% will be debited from the same account/credit/debit card used on your online account half way through the Course’s duration (i.e after 5 weeks of a 10 week course) depending on the length of the Course booked.
4.5 If you have opted for the 'multi stage' payment option and have placed an order for a Course consisting of a holiday camp, payment of the Fee shall be split by way of the first 40% paid immediately upon entering into the Contract, followed by two equal installments payable prior to the Commencement Date.
4.6 Where payment of the Course is made by installments, the remaining payments shall be payable immediately when the payment falls due or on demand and If an account is not paid immediately, any payment due will attract interest (including any disbursements and VAT) from the date of invoicing at a rate equivalent to the rate charged on Judgement Debts presently 8%.
5.1 The Pupil/Carer/Parent should make their own travel arrangements to and from the Course.
5.2 The Parent or Carer is responsible for ensuring the Pupil attends the Course at the agreed Location in good time prior to the commencement of the Course.
5.3 The Company is not responsible for ensuring the Pupil attends the Course nor is the Company expected to make, arrange, deliver or pay for travel for the Pupil to and from the Course. If the Company does make arrangements for whatever reasons at its own cost, you agree to fully reimburse it immediately.
5.4 The Company reserves the right to exclude or refuse any Pupil from participating in any Courses at any time. If a Pupil repeatedly detracts from the objectives of the Course and threatens the enjoyment and safety of others, the Parents of Carer will be contacted and will be asked to remove that individual. A refund shall not be payable in these circumstances.
5.5 Unacceptable behavior will not be tolerated and the Coach will attempt to deal with it in the first instance within the confines of the group. If this does not deal with it, then clause 5.4 (above) will be invoked and followed.
6 Location and delivery of the Course
6.1 The Company will notify the Pupil, Parent or Carer in advance of the Location of the Course. This will usually be on the Booking Confirmation or on the Company’s website.
6.2 We will endeavour to deliver the Course to the Location on the date[s] specified in the Booking Confirmation, unless exceptional
circumstances or events beyond our reasonable control prevent us doing so.
6.3 Our delivery of the Courses may be affected by certain situations or events that occur that are not within our reasonable control. Where one of these occurs we will attempt to commence or recommence performing the Courses as soon as the situation which has stopped us performing the Courses has been resolved.
6.4 The following are examples (without limitation) of events or situations which shall not be within in the Company’s reasonable control:
6.4.1 where adverse weather conditions make it virtually impossible or unsafe for us to perform any of the Courses; or
6.4.2 where we are unable to gain access to the Location to carry out the Courses; or
6.4.3 for other some unforeseen or unavoidable event or situation which is beyond our control.
6.5 Our duty of care towards children (including the Pupil) who are receiving the benefits of a Course will commence fifteen minutes before each Course session, provided that the Parent/Carer/guardian/authorised collector has notified us of their attendance. The duty of care ceases at the end of each session, at which time it reverts back Parent/Carer/guardian/authorised collector (details of whom must be included in your Enrollment Form)
7 Cancellation and Refund Policy
7.1 You have a ‘right to cancel’ an order (by writing to us), which must be received by us before the end of the seventh (7th) working days from the date of the Contract commenced unless the Commencement Date is before this 7 days cancellation period, in which case you may cancel the order prior to the Commencement Date and receive a refund of monies paid provided that no Services have been performed.
7.2 If the Commencement Date is before the 7 days cancellation period has expired and you wish for the Contract to be fully performed (within that 7 day period) you hereby agree and understand that your ‘right to cancel’ will end as soon as the services are provided pursuant to the Contract and you will not be entitled to a refund.
7.3 Where the Course has started and you later decide you wish to cancel the Contract you will not be entitled to a refund but you may be entitled to a credit note equivalent to the value of any part of the Course which has not yet been performed. Notice of your cancellation must be made in accordance with clause 11 (below).
7.4 If there is an issue with the Location and is deemed to be out of the Company’s control then we can cancel the Course and shall not be permitted to provide a refund. The Company will make every effort to contact all Parents with the contact details you have provided and that we have available.
7.5 Where a cancellation is received more than 7 working days prior to the Commencement Date and a refund shall be applied, a £5.00 administration fee will also be applied.
7.6 In the event of a school closing and/or a Course session being cancelled due to adverse weather, the Company shall not be held responsible and no refunds will be issued.
7.7 Where a Course is cancelled as a result of the Company a full refund will be issued.
7.8 All refunds shall be made within 28 days of notification.
7.9 The Company shall not be liable for any loss or damage that arises as a result of cancelling a Course.
7.10 All credit notes are given at the discretion of the Company, are non-transferable and expire after 3 months’ of authorisation.
8.1 Except in respect of death or personal injury caused by the Company’s negligence, the Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any losses indirect, special or consequential losses, damages, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) in connection with the performance of its obligations under the Contract or with the use by the Pupil of the services supplied.
8.2 The Company shall not be liable to the Pupil or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s reasonable control. Except in unusual or exceptional circumstances, we expect any losses to be limited to the charges for the Courses.
8.3 The Parent shall indemnify and keep indemnified the Company against all loss (including loss of profit), liability, costs and expenses which the Company shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Pupil.
Either you or we may terminate the Contract at any time on written notice to the other if that other:
9.1.1 commits a material breach, or series of breaches resulting in a material breach of the Contract and such breach is not remediable or is not remedied within fifteen (15) days of written notice to do so; or
9.1.2 is subject to an exceptional event beyond its reasonable control notified to the other party promptly upon its occurrence that
renders the party giving notice of the event unable to perform its obligations under the Contract for period of more than thirty
10 Data Protection and Confidentiality
The Data Protection Act requires us to advise you that your particulars are held on our database. We use your personal data for the provision of our services to you and for related purposes including: updating and enhancing Pupil records, analysis to help us manage our practice, statutory returns and legal and regulatory compliance.
11.1 Any notice required or permitted to be given or served under this Agreement shall be in writing and may be served by either party by personal service or by post addressed to the other party’s registered office for the time being.
11.2 Any such notice shall be deemed to have been served if delivered, at the time of delivery; or if posted, at the expiry of 48 hours after posting.