Brendan Guest, has registered his business as 787 Sports, located at 57, Nettleham Road, Lincoln LN2 1RT.
Meaning of terms used;
Any reference to the terms “us”, “we”, “our” or “business“ shall mean 787 Sports.
“Booking/Registration Confirmation” means that your request for the supply of the activity as set out in your request/application using the appropriate application form submitted to 787 Sports is confirmed.
“Coach” means the individual(s) used by 787 Sports to either lead the teaching of the activity, or another coach assisting that person.
“Start Date” means the date that the delivery of activity is due to commence.
“Contract” means the legally-binding agreement between 787 Sports and yourself for the supply of the activities provided.
“Parent” or “Carer“ means a parent or other person who will be responsible for the payment of any monies due to 787 Sports and is the contracting party to any contract and “you” or “your” shall be construed accordingly.
“Course“ or “Activity“ means the services provided by 787 Sports which you attend or wish or agree for another person to attend. This would include, after school clubs, PE lessons in school time, lunchtime sessions, sport training/activities, holiday camps, birthday parties.
“Registration Form” means the document completed by any person relating to a course or activity run by 787 Sports.
“Child“ means the child attending the activity or course, whose details are specified on the Registration Form“
“Other Person“ means any other person who is not a child.
- Acceptance of Terms
1.1 All documents and agreements relating to the services supplied by 787 Sports to the child or any other person are subject to these terms.
1.2 A contract is made upon placing a Registration document with 787 Sports and then paying the Fee(s) appropriate at that time and there is availability in respect of the Activity or Course.
1.3 No variation or addition to the Terms shall be binding on either party unless this is agreed in writing by both 787 Sports and the other party.
2.1 Any booking/registration must be made with 787 Sports before any children can attend any Activity or Course.
2.2 787 Sports reserves the right not to accept any child that arrives at any activity or course without any prior arrangement or registration with 787 Sports for such an activity or course.
2.3 A booking or reservation or registration to any activity can only be made by using the 787 Sports email address or website or other document used by 787 Sports for such purposes. Once a booking or reservation is received an email will be sent to the applicant to the specified email address provided confirming receipt of their request. This does not necessarily mean that a place is available for any child or person. In addition 787 Sports shall not be liable for the delivery failure sent to an incorrect email address nor shall it be liable for any errors with payment.
2.4 If a child or any other person is not able to attend any session that has been pre-paid (for whatever reason) they shall will not be entitled to a free week in lieu or any refund.
2.5 All bookings are taken on a first come first serve basis and 787 Sports shall not be liable or responsible should there be no availability for any child or person to attend any Activity or Course.
2.6 It is the responsibility of the person attending the activity or course, or in respect of a child, their Parent or Carer’s responsibility, to ensure that ALL sections on the Registration Form have been completed and that the details provided on the Registration Form are accurate and true. Documentary proof of age and/or identity may, on some occasions be requested by 787 Sports and should any person be unable or unwilling to provide such information then 787 Sports reserves the right to refuse or exclude any child or other person from any Activity or Course. Should any details change you must update 787 Sports. Should incorrect details be inserted on any document, 787 Sports reserves the right to disqualify or exclude the subject of the document from taking part in any Activity or Course.
- Fees & payments
3.1 The Fee(s) payable for each Activity or Course will be specified either on the 787 Sports website or other means and shall be as stated prior to the submission of the Registration Form.
3.2 Fee(s) shall be payable in advance of the Start Date unless you have specific written agreement from 787 Sports. If the correct payment is not received the child or any other person will not be permitted to take part in the activity or course and should not attend.
4.1 The person attending the Activity or Course must make their own travel arrangements to and from the Activity or Course. In the case of children it is the responsibility of the parent or carer of the child to ensure that the child is delivered safely to the venue and in good time. Also to collect them promptly from the relevant location. This is not the responsibility of 787 Sports (see 4.2 below)
4.2 We would expect a person or child attending an Activity or course to arrive at least 10 minutes before the start time of the activity and to be collected no later than 10 minutes after the activity is expected to end.
4.3 787 Sports reserves the right to exclude or refuse any child or other person from participating in any Activities or Courses at any time. If a child or other person detracts from the objectives of the Activity of Course, or consistently behaves in a way that the coach considers to be inappropriate or unacceptable and so affecting the enjoyment and safety of others. The child or other person will be asked to leave the Activity or Course. In the case of a child the Parents of Carer will be contacted and will be asked to remove that child immediately.
4.4 A refund shall not be payable in these circumstances (4.3 above) Furthermore 787 Sports reserves the right to permanently exclude such a person from future Activities and Courses.
4.5 Any inappropriate or unacceptable behaviour shall not be tolerated and the coach will attempt to deal with it in the first instance. However, if in his or her opinion the coach considers that there is no improvement in that behaviour, he or she will carry out the steps shown above.
- Location & delivery of the course
5.1 The delivery of the Activities or Courses may be affected by certain situations or events that occur that are beyond our control. For example adverse weather conditions or any other occurrence that could not have reasonably have foreseen.
5.2 Our duty of care towards child or other person who is receiving the benefits of an Activity or Course commence 10 minutes before the time an Activity or Course is due to commence. Our duty of care ceases 10 minutes after the end of each session.
- Cancellation & refund policy
6.1 You have a ‘right to cancel’ any Activity or Course. This cancellation must be received by 787 Sports in writing and must be received by us more than seven days before the Activity is due to commence. In such circumstances you will receive a full refund of all monies paid. However if you cancel with less than seven days before the Activity is due to commence, then 787 Sports reserves the right not to refund any monies already paid.
6.2 If an Activity or Course has already started and you later decide you wish to cancel the Contract, having taken part in some of the sessions 787 Sports reserves the right not to refund that part of the contract that is `unused`. Once again, such a cancellation must be made in writing and as soon as possible.
6.3 In the event of an Activity or Course being cancelled due to adverse weather, the 787 Sports shall not be held responsible and 787 Sports reserves the right not to refund any monies already paid.
7.1 Except in respect of death or personal injury caused by the 787 Sports negligence, we shall 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 787 Sports servants or agents or otherwise) in connection with the performance of its obligations under the Contract or with the use by the person of the services supplied.
7.2 787 Sports shall not be liable to any person 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 787 Sport`s obligations if the delay or failure was due to any cause beyond the 787 Sports` reasonable control.
7.3 The person or the Parent or carer shall indemnify and keep indemnified 787 Sports against all loss (including loss of profit), liability, costs and expenses which the 787 Sports shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Pupil or any other person.
Either you or we may terminate the Contract at any time on written notice to the other if that other:
- 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
- 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 (30) days.
- Data protection & confidentiality
9.1 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 records, analysis to help us manage our business, statutory returns and legal and regulatory compliance.
10.1 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. 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.