1) Scope – these Terms & Conditions (“the Terms”) apply to all quotations and offers and sales made by Jack Lambourn trading as Energize Gymnastics at Seashell Trust, SK8 6RQ. “Energize Gymnastics” or “We” or “Us” or “Our”.
2) The Contract – by placing an order for gymnastics classes with Energize Gymnastics you, as the parent or legal guardian of the Gymnast (“You” or “Your”) are doing so based on these Terms. The contract shall only be formed when You complete the Gymnast Information Form, sign the disclaimer and Energize Gymnastics acknowledges acceptance of the order by countersigning the disclaimer.
3) “The Classes” – The Classes are gymnastic training classes in which you have agreed to participate.
4) Class booking conditions –
i. Your child has an optional free taster session – please advise us if you wish to take advantage of this;
ii. If parents/legal guardians wish to enrol their child into the classes, they must firstly have membership of British Gymnastics – it is a condition of this contract that this is maintained for the duration of their child’s participation in the classes. Energize Gymnastics has access to membership information at British Gymnastics. Instructions on how to get British Gymnastics membership can be found on our website or on request from a member of the coaching staff.
iii. Classes are of 1-hour duration and are held on 46 weeks of the year with 1 week off Mid-June, 2 weeks off at Christmas, 2 weeks off late summer and 1 week of at Easter/Spring Break.
iv. Payments are to be made on a monthly basis in advance via bank transfer using Gocardless. With limited places at the club and high demand You need to ensure that payments are made on time. If You are late with a payment or if a payment fails, you will be advised by email or text and You will have 48 hours to make the payment. After the 48 hours has passed if You have still not paid a further reminder will be sent, a £10 administration fee will be added to your account and you will have a further 5 days to pay the total outstanding balance. After this we reserve the right to terminate Your child’s club membership without further notice.
v. You may cancel Your booking up to 14 days after entering into this Contract – however if Your child has already attended a class during that time then the charge for that class will be due – see clause 12.
vi. Insurance – After the free taster session gymnasts MUST become Bronze Members of British Gymnastics in order to have insurance. The membership fee must be paid directly to British Gymnastics and You will be sent a link to register with them. It is a condition of this contract that Your child must have insurance through British Gymnastics, and they will not be allowed to participate in the classes without it.
vii. Gymnast fails to attend classes – If Your child becomes ill or injured and has been examined by a doctor who has confirmed, and has provided a note confirming, that the child requires more than a month off training in order to recover, then we can give a 50% discount on fees for any month affected by this. If Your child fails to attend any classes for other non-medical reasons, then no refunds will be made.
5) Service Delivery –
i. Although we shall try in all good faith to meet service delivery dates for the classes they are not guaranteed. Under no circumstances shall Energize Gymnastics be liable for any damages or losses whatsoever arising from any delay in service performance. Liability shall be limited at Energize Gymnastics’ sole discretion to;
a) Delivering the Classes within a reasonable time;
b) Refunding the pro-rata price based on the quantity of Classes that are undelivered.
ii. Service delivery shall be made at the delivery location specified at the time of booking
iii. Delivery in Instalments – if the Classes are delivered in instalments then each delivery shall constitute a separate contract. Any failure by us to deliver any one or more instalment in accordance with these Terms shall not entitle you to cancel the entire contract.
6) Gymnast behaviour and responsibilities –
i. It is Your responsibility to inform us of any changes in the Gymnast’s condition from those given on the Information Form as soon as you are aware of them in case it affects their safe participation in the Classes. The Coach’s view as to whether participation can continue without further input from the Gymnast’s doctor will be final.
ii. Class Gymnasts must at all times comply with the Gymnast’s Code of Conduct of which You have a copy. Gymnasts are expected to behave in a civilised manner towards the Coach, other gymnasts and any members of the public who are in the vicinity. Gymnasts are expected to refrain from using foul language at all times;
iii. We may refuse entry or ask a Gymnast to leave the Class in accordance with the Code of Conduct if it is felt that the Gymnast’s behaviour is unacceptable and such decision will be final and without refund;
iv. Class Gymnasts must follow all procedures as advised to them either orally or via notices at the training venue. Please adhere to all instructions given to You by either the Coach or any venue. Please also adhere to any instructions regarding car parking and observe all speed limits;
v. No mobile phones, personal audio equipment or any other distraction is permitted in the exercise area during classes. At all times the use of any photographic, video or audio recording device during the class is strictly forbidden on privacy and safeguarding grounds.
vi. Food and smoking are strictly forbidden in the venue buildings, but Gymnasts are encouraged to bring water (but no fizzy drinks please) to maintain hydration levels;
vii. Gymnasts should aim to arrive at least 5 minutes before classes start and no more than 15 minutes before the Class and leave no more than 15minutes after the Class to assist in reducing any waiting room congestion.
7) Clothing –
i. Gymnasts must wear appropriate fitness clothing including leotards or sportswear including T-shirts, shorts, tracksuit bottoms or leggings during the Classes – no jeans, zipped or buttoned clothing, skirts or dresses please. All loose fitting or sharp jewellery must be removed and please tie long hair back;
ii. Any hairclips or any other item that could fall off and cause injury must be removed;
iii. No outdoor footwear must be worn – Gymnasts should participate in bare feet (socks should be worn if they have a verruca).
8) Parental responsibilities – please ensure that you have read the parental code of conduct which is designed to ensure that your child gains the most benefit from their gymnastic sessions and that all gymnasts are safe during the classes. You will be liable for any damage caused to any property or facilities by Your child.
9) Health and Safety – The Gymnast agrees to comply with all Health and Safety rules and requirements as defined by the pool management and Energize Gymnastics at any time during the delivery of the Classes. Specifically:
i. Gymnasts must not enter the training area until the Coach is present and must inform the Coach if they are going to leave the training area before the end of the class even if only temporarily;
ii. Gymnasts must not attend classes if they have any contagious skin infections such as impetigo, any open wounds, ear infections, chicken pox, conjunctivitis, flu or a bad cold. If you have been sick, then you must not attend until you have been symptom free for at least 48 hrs and in the case of diarrhoea you must not attend for at least 2 weeks after all symptoms have cleared. If in doubt, please consult their doctor.
10) Cancellation –
i. Cancellation by You: You will book for a course of classes which is non-cancellable other than in accordance with provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – see clause 12. If the Gymnast fails to attend a class, then that class will be lost without refund.
ii. Cancellation by Energize Gymnastics: If the due performance of the contract is subject to alteration or cancellation by Energize Gymnastics owing to any cause beyond their reasonable control (including but not limited to sudden illness of the usual class Coach or close family members, injury, victim of crime) then Energize Gymnastics may use another coach to hold the Classes. In the event that it proves difficult or impossible to find a suitable replacement coach who can offer the service at short notice then Energize Gymnastics’ liability shall be limited to a full refund of any fees received.
11) Limitation of liability – Energize Gymnastics limits its liability to the maximum extent permitted by applicable law and we expressly exclude:
i. Any liability for any direct, indirect or consequential loss or damage incurred by You or the Gymnast in connection with use of Energize Gymnastics Classes. This includes, but is not limited to, liability in respect of You or the Gymnast and/or any 3rd party for loss of income or revenue, loss of profits, loss of business, loss of opportunity, any indirect, consequential or special loss or damage.
Nothing in this disclaimer will:
i. Limit or exclude Your or Our liability for death or personal injury resulting from negligence;
ii. Limit or exclude Your or Our liability for fraud or fraudulent misrepresentation;
iii. Limit any of Our liabilities in any way that is not permitted under applicable law;
iv. Exclude any of Our liabilities that may not be excluded under applicable law.
12) Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
i. If You are a consumer and if participation in the Classes has been agreed via an organised distance selling operation, then the above Regulations may apply.
ii. Right to cancel: If these Regulations apply, You have the right to cancel the order within 14 days of the confirmation of order. In order to do so You must cancel the agreement in writing or by fax or email to Energize Gymnastics. In the case of contracts for service Energize Gymnastics cannot start to supply the service until the 14 days cancellation period has expired unless You request an immediate start to the service within the 14-day cancellation period. PLEASE NOTE: In requesting an early start to the service You understand that You may forfeit some or all of Your rights to cancel as provided for in the Regulations and that You may be liable for some or all of the costs of service provided up to the time of cancellation.
iii. The nature of Energize Gymnastics Classes will mean that they are unlikely to be able to perform the contract within the maximum period of 30 days laid down by the Regulations. PLEASE NOTE: By accepting these terms of business You are agreeing that Energize Gymnastics need not perform the contract within a maximum of 30 days .
13) Data Protection – We aim to comply with the General Data Protection Regulation 2016 (GDPR) and the Data Protection Act 2018 in all respects including in the spirit of the need to treat all personal data with respect and to keep it safe. We will only collect and use personal data in the ways that are described in our Privacy Notice which is available on our website or upon request, and in a way that is consistent with our obligations and the data subject’s rights under the law. You should note that the processing of any Special Category Data relating to the Gymnast’s health that is collected from You by Energize Gymnastics will require your explicit written consent without which we will not be able to process that data and it will be destroyed. You should ensure that You have explained to the Gymnast in a way that they can understand what data is being shared and why and You should be sure that they give their consent to this. Such consent can be withdrawn at any time and you will be advised on this at the time of giving consent.
14) Waiver – no waiver, by either party, whether implied or express, of any particular provision of these Terms, or of any breach or default of either party, shall constitute either a continuing waiver of such provisions or a waiver of any other provisions of the Terms.
15) Force Majeure – Energize Gymnastics shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Energize Gymnastics’ reasonable control
16) Severability – the provisions of these Terms are severable and if any part thereof is held to be invalid or unenforceable by any court then it will not affect the validity or enforceability of any of the remaining provisions. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).
17) Governing Law – Any disputes arising between Energize Gymnastics and You concerning this Agreement or the rights and liabilities within it shall be governed by and interpreted, in all respects, in accordance with the Laws of England. The parties hereby submit to the exclusive jurisdiction of the English Courts.
18) Third Party Rights – a person who is not a party to any contract governed by these Terms (a 3 rd Party) shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
19) Dispute Resolution – The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between representatives of the parties, who have authority to settle such disputes. If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure.
If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
20) Whole Agreement – These Terms governing any contract established with the Gymnast’s parent or legal guardian constitute the entire Agreement between Energize Gymnastics and You and supersede any and all prior terms whether written or oral. No modification to the Terms or any claimed waiver shall be deemed to be valid unless in writing and signed by authorised representative of Energize Gymnastics.