07949 402035
Terms and Conditions
Terms and Conditions
TERMS AND CONDITIONS OF BUSINESS
OF
[ S.B Gymnastics ]
1 DEFINITIONS
The following expressions shall have the following meanings:
1.1“After School Club” means [ S.B Gymnastics ]
1.2 “Customer” means any party who enters into a contract for Services with the After School Club;
1.3 “Child” means the child who shall attend the After School Club and for whom the childcare services are to be provided;
1.4“Application Form” means the online booking system used via the ‘Class4kids ’ account. Parents are required to register an account via the Class4kids account prior to securing any bookings with the After School Club.
1.5“Services” means the After School Club services as described on the Booking Site and these Terms and Conditions;
1.6“Fees” mean the payment for Services as outlined in these Terms and Conditions and the online booking site;
1.7“Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the After School Club;
1.8“Agreement” means the contract between the After School Club and the Customer for the provision of the Services incorporating these Terms and Conditions.
2 GENERAL
2.1These Terms and Conditions shall apply to the Agreement for the supply of Services by the After School Club to the Customer and shall supersede any other documentation or communication between parties.
2.2Any variation to these Terms and Conditions must be agreed in writing by the After School Club.
2.3Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the After School Club may be entitled in relation to the Services, by virtue of any statute, law or regulation.
4SERVICES AND DELIVERY
4.1The Services are as described on the online booking system and in these Terms and Conditions.
4.2Any variation to the Services must be agreed by the After School Club in writing.
4.3The Services shall commence on the date selected via the booking site and continue until the termination date selected via the booking site
4.4Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the After School Club shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
5TERM DATES
The After School Club term dates are as specified on the online booking site in line with the School Term Dates.
6OPENING TIMES
6.1The After School Club shall be open from [Monday] to [Friday] term time
6.2The hours of operation shall be from the end off a school day (3.15/3.30) for a 45 minute class or 1 hour during term time
6.3The After School Club may alter these opening times and shall give written notice to Customers of any such changes.
6.4The After School Club shall be closed on all public holidays, school inset days and any other times as intimated to the Customer in writing.
7FEES
7.1The Fees are as specified on the online booking site at the time of booking. VAT is not applicable.
7.2The Fees are payable termly.
Appropriate deductions will be made for any days the After School Club is due to be closed.
7.3The Fees must be paid via the online booking system
7.4The Customer must settle all payments for Services to secure a space
7.5The Customer is not entitled to withhold any monies due to the After School Club.
7.6The After School Club is entitled to vary the price to take account of:
7.7 any reasonable increase in rates, if applicable;
and any variation must be intimated to the Customer in writing by the After School Club
7.8Fees remain due if the Child is absent from After School Club for any reason.
8AGE OF CHILD
The After School Club caters for children from the age of [4] to [11]
9 CHANGE OF SESSIONS
9.1The After School Club is entitled to change the sessions offered to the Child on giving one month’s notice to the Customer. Should the Customer find the changes unacceptable they shall be entitled to remove the Child from the After School Club with immediate effect.
9.2If the Customer wishes to change the sessions the Child is registered for they must notify the After School Club at least 2 weeks before such changes are required and any changes are subject to the agreement of the After School Club.
9.3Additional sessions required on an individual basis may be given subject to the prior agreement of the After School Club and advance payment.
10CUSTOMER OBLIGATIONS
10.1The Customer agrees to cooperate with the After School Club.
10.2The Customer shall refrain from directly or indirectly recruiting any person employed or engaged by the After School Club for the purpose of providing the Services for a period of six months following the Child’s attendance at the After School Club.
10.3The Customer shall not allow the Child to bring in any of their own possessions, including but not limited to toys, mobile phones, game consoles and music players, to the After School Club without the permission of the After School Club. In the event that such items are brought in by the Child the After School Club accepts no liability for any loss or damage that may occur.
11AFTER SCHOOL CLUB OBLIGATIONS
11.1The After School Club shall supply the Services as specified on the online booking site and in these Terms and Conditions.
11.2The After School Club shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and government guidelines.
11.3The After School Club shall inform the Customer as soon as possible of any changes to hours or sessions and shall try to accommodate any requests made by the Customer.
11.4The After School Club shall try to offer siblings a place if required wherever possible but this cannot be guaranteed.
11.5The After School Club must report to the proper authorities any instances where they have reason to believe that the Child has been the subject of neglect or abuse. This may be done without informing or obtaining the consent of the Customer.
11.6The After School Club shall hold valid and adequate insurance policies for running a business of this nature.
11.7The After School Club shall maintain staffing levels according to national recommended standards at all times.
12SICKNESS AND MEDICAL INFORMATION
12.1A Child suffering from any contagious disease is not permitted to attend the After School Club. This includes, but is not limited to, sickness, diarrhoea, impetigo and conjunctivitis. This is followed in line with the Public Health England guidelines.
12.2The After School Club reserves the right to refuse admission to any child they suspect of having a contagious condition.
12.3The After School Club accepts no liability for the contraction of any illness transmitted at the After School Club.
12.4The Customer must complete and return the After School Club’s standard medical health record via the online booking site, prior to the first attendance and must inform the After School Club immediately of any change to this information.
12.5The Customer must complete the medical consents via the online booking account, prior to the first attendance to permit the After School Club staff to administer first aid as well as any medicines supplied by the Customer for the Child.
12.6The After School Club shall not be held responsible for any negative effects caused by the administration of any medication supplied by the Customer for the Child.
13CHILD DETAILS
13.1The information supplied via the online booking account must be accurate and the After School Club is entitled to rely on this information.
13.2The Customer must notify the After School Club immediately of any changes to this information.
13.3The After School Club shall comply with all data protection legislation.
13.4The Customer must advise the After School Club if the Child is the subject of any court order and supply a copy of such an order if requested.
13.5The After School Club may take photographs of the Child for promotional or educational purposes. The Customer must notify the After School Club in writing if they do not want the Child to be the subject of such photographs.
14ABSENCE AND COLLECTION
14.1The Customer must advise the After School Club as soon as possible if the Child is to be absent.
14.2The Customer must advise the After School Club as to the identity of the person who shall collect the Child at the end of a session. If that person is not known to the After School Club proof of identity may be requested. If the After School Club is not satisfied as to the credibility of such a person the Child shall not be released.
15PERSONAL PROPERTY
15.1The After School Club shall not be liable for any loss or damage to any personal property brought onto their premises or any damage or injury resulting from any such items.
15.2All clothing must be clearly marked with the name of the Child.
16COMPLAINTS POLICY
16.1In the event that the Customer is unhappy with the Services these issues should be raised with the After School Club manager in the first instance.
16.2If the Customer wishes to make an official complaint this should be carried out in accordance with the After School Club’s standard complaints procedure available from After School Club staff.
17TERMINATION
17.1The Agreement shall continue until the Services have been provided in terms of the Application Form or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
17.2The Customer may terminate this Agreement by giving [2 weeks notice] in writing of the intention to withdraw the Child from the After School Club.
17.3The After School Club may terminate this Agreement by giving [1 months notice] in writing of the intention to cease to provide the Services.
17.3The After School Club many terminate this Agreement with immediate effect if the Customer or Child demonstrates any physical or verbal abuse towards staff or other children
17.4The Customer may terminate the Agreement if the After School Club fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of [1 month] after notification of non-compliance is given.
17.5The After School Club may terminate the Agreement if the Customer has failed to make over any payment due within [28 days] of the sum being requested.
17.6Either party may, with immediate effect, terminate the Agreement by notice in writing to the other if:
17.6.1the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
17.6.2the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
17.6.3the After School Club passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
17.6.4the After School Club ceases to carry on its business or substantially the whole of its business; or
17.6.5the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
17.7In the event of termination the Customer must make over to the After School Club any payment for Services incurred up to the date of termination.
17.8Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
18WARRANTY
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
19LIMITATION OF LIABILITY
19.1The After School Club shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
19.2Nothing in these Terms and Conditions shall exclude or limit the liability of the After School Club for death or personal injury, however the After School Club shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the insurance policy held by the After School Club in the insurance year in which the Customer’s claim is first notified
20 INDEMNITY
The Customer shall indemnify the After School Club against all claims, costs and expenses which the After School Club may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
21FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
22ASSIGNMENT
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the After School Club
23THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
24SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
25 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
26NOTICES
Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Application Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post
27ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
28GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
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