TERMS AND CONDITIONS
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 “We Make Footballers®” means the company with whom you have entered into this agreement.
1.4 “Course” means the We Make Footballers® Course described on the website.
1.5 “Enrolment Form” means the form relating to the enrolment or re-enrolment 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 We Make Footballers® to teach the course.
1.8 “Premises” 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 Enrolment Form.
1.10 “Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by We Make Footballers® and the Parent.
1.11 “Make Up Class” refers to an extra session, granted in accordance to the We Make Footballers® 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 We Make Footballers® 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 We Make Footballers® 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 We Make Footballers® course and the We Make Footballers® Training Programme confidential and not to copy or use any aspect of the We Make Footballers® Programme directly or indirectly.
3. BOOKINGS, PAYMENTS AND MAKE UP CLASSES
3.1 During term courses We Make Footballers® will not accept children that have turned up without prior arrangement. A child is permitted to attend their first session for a one off fee (may vary dependent). If they wish to attend again they must make a booking for a 10 week subscription which is done online.
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 or through our secure website only. Once a booking is received, confirmation and a receipt will be sent via email to the specified address. We Make Footballers® are not liable for the delivery failure of any receipts sent to incorrect email addresses.
3.4 We Make Footballers® does not issue refunds or credit notes under any circumstances.
3.5 A course is booked for 10 sessions at a time. No matter what date you sign up you will still be subject to a 10 -week minimum booking subscription. On sign up you will be allocated 10 sessions and given your child’s date of renewal. There may be a school holiday period between the 10 sessions that you have signed up for.
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 direct debit basis. This is done online through Go Cardless payment provider.
4.1 If there is an issue with the venue that is deemed to be out of We Make Footballers®’s control then We Make Footballers® can cancel a class and is not permitted to provide a refund. We Make Footballers® wil 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 We Make Footballers® 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 enrolment form (whether or not completed and/or signed by the Parent) is accurate in all respects and the Parent will notify We Make Footballers® 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 We Make Footballers® against all loss (including loss of profit), liability, costs and expenses which We Make Footballers® shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Pupil.
6.1 In the event that We Make Footballers® determines the behaviour of the Pupil and/or the Carer to be unacceptable, We Make Footballers® 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 We Make Footballers® 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 We Make Footballers®.
7. EXCLUSION OF LIABILITY
7.1 Except in the case of fraud and subject to clause 7 below, We Make Footballers®, 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 We Make Footballers® 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 We Make Footballers® or any coach, employee, contractor or agent of We Make Footballers® 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 We Make Footballers® 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 We Make Footballers®, its coaches, servants, employees or agents or affects the statutory rights of the Parent or Pupil.
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. We Make Footballers® 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.
9.1 We Make Footballers® may from time to time take photographs and videos to be used for marketing purposes. Unless We Make Footballers® receives written instruction to avoid photography or videography of your child We Make Footballers® 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 We Make Footballers®’s control then We Make Footballers® can cancel a class and is not permitted to provide a refund. We Make Footballers® 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 We Make Footballers® 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 We Make Footballers®, you must email 1 week before your session is due to expire. It is your responsibility to ensure we have your correct email address 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 020 7148 1602 or email firstname.lastname@example.org.
We will collect personal information from you through your free trial or membership application form, a change of circumstances form, any information (including personal information) you provide on our website (www.wemakefootballers.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.
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