Terms and Conditions

Definitions

  1. "Booking Form" means the form relating to the booking or re-booking of the Participant for a Term as set out at the booking stage of the website
  2. "Carer" means the person who attends the class with the Participant and is responsible for their welfare
  3. "Class(es)" means a Playball class described on the Booking Form
  4. "Coach" means the individual engaged by Playball Franchisee to teach Classes. Whilst every effort will be taken to maintain the consistency of the Coaches during the Term Playball retains the right to change the coaching staff where necessary
  5. "Fees" means the value chargeable to attend Classes for a Term, as specified on the Booking Form
  6. "Parent" means a parent or legal guardian of the Participant who will be responsible for the payment of the Fees and who is the contracting party to this contract and who shall (if the Carer is not the Parent) be responsible for compliance with these Terms & Conditions by the Carer
  7. "Participant" means the child who is attending or who is booked on to a Playball Class who details are specified by the Parent or Carer on the Booking Form
  8. "Venue" means the premises where the Classes take place
  9. "Playball" means the Playball Franchisee as named on the Booking Form, the company or person with whom you have entered into this contract in respect of the provision of classes.
  10. "Term" means the agreed dates on the Booking Form and as described under “view classes” on the Website
  11. "Terms & Conditions" means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Playball and the Parent
  12. "Website" means the website at www.playball-london.com

Acceptance

  1. All agreements and issues relating to the teaching of the Classes by Playball to the Participant and the on-going communication with Coaches, back office staff and Playball head office are subject to the Terms & Conditions to the exclusion of all others.
  2. No variation or addition to the Terms & Conditions shall be binding unless agreed in writing by Playball and the Parent.
  3. These Terms & Conditions shall be deemed to be accepted by the Parent and the Carer once the box is ticked on the Booking Form and confirmation of payment of Fees has been received by Playball.
  4. Playball may cancel this contract at any time before the Participant commences a Term, for any reason whatsoever. Playball shall not be responsible for any loss or damage whatsoever arising from such cancelation but will refund Fees paid for the remaining Classes in the Term.

Confidentiality

  1. By agreeing to these Terms & Conditions the Parent and/or Carer agrees not to share any aspects of the Playball programme with a third party who may be involved in a business that operates in the same market as Playball. The Parent and/or Carer will not be involved directly or indirectly with such a company.
  2. The Parent and/or Carer will not take, replicate or use any Playball material directly or indirectly for his/her own use or for use by any third party
  3. The Parent and/or Carer agree not to directly or indirectly be involved or interested in any business which competes with Playball while the participant is a pupil of Playball and for a period of one year thereafter.

 

Parent/Carer Obligation

  1. The Parent warrants that the information provided on the Booking Form is accurate and up to date in all respects at the point of booking. Any changes will be sent by the Parent and/or Carer to Playball immediately.
  2. It is the Parent and/or Carer’s responsibility to inform Playball of any special medical conditions at the point of booking. This includes behavioral disorders.
  3. The Participant and/or Parent and/or Carer must not attend any Class whilst suffering from any serious illness or contagious disease or anything similar thereto.
  4. During all Classes the Parent and/or Carer agrees and accepts the sole responsibility, general conduct and care for the Participant during the Class and whilst on the Premises.
  5. Playball does not allow the Parent and/or Carer to leave the Participant for any amount of time before, during or after a Class.
  6. Playball shall have the sole right to exclude the Participant and/or Parent and/or Carer either permanently or for such period as Playball shall (in its entire discretion) determine if deemed necessary for the safety and well being of other participants or parents or carers.


Limitation of Liability

  1. The Parent and/or Carer agrees that any claim made against Playball will be made in writing within 30 days of the incident taking place and failure to report in writing within this time will negate any such claim.
  2. The maximum aggregate liability for Playball to the Participant, Parent and/or Carer will not exceed the Fees.
  3. Neither Playball nor any Coach, coaches assistant nor any employee,or other representative accepts responsibility in respect of loss, damage or expense incurred by a Participant, Parent and/or Carer arising directly or indirectly or in any way connected with the attendance of the Participant, Parent and/or Carer at Classes (or any Class) or any other act or omission on the part of Playball, its Coaches, coaches assistants, employees, agents and/or representatives.
  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 excluded liability for death or personal injury caused by the negligence of Playball, it Coaches, coaches assistants, employees, agents and/or representatives or affects the statutory rights of the parent or Participant.

Cancellation of a Class due to Insufficient Numbers

Playball shall have the sole right to cancel any class prior or during a term subject to numbers. Parents will be informed if a class is canceled due to insufficient participants. 

Cancellation of a Classes due to COVID-19 (coronavirus)

Playball will not be liable or able to refund any fees if classes have to be cancelled due to COVID-19 (coronavirus)  Nor will we be able to arrange make up lessons.  

Administration

A once off administration fee of £10.00 per child is payable on registration. This fee is non- refundable under any circumstance.

Fees and Payments

  1. The Parent shall pay the Fees for the Term to Playball prior to the Participant commencing a Term.

  2. The Fees are not refundable in any circumstances whatsoever other than with the written consent of Playball.
  3. Unless the child has attended the first class of their course (trial class) and given notice that they will not be continuing with Playball within the 24 hour trial class policy notice period after their first class, in which case the course fees will be refunded in full within 30 days, this does not include the £10.00 administration fee which is non- refundable under any circumstance. A Playball trial class is only free if you wished not to continue with Playball after the first lesson. 

  4. No refunds or credits are given for missed lessons. We can only allocate make up classes for children who have missed their lessons due to illness or class cancellations, this does not include holidays, birthday parties and the like. Make-up lessons can be made up by attending other classes on an alternate day and time if there is space available. Make-ups do not transfer into the next term.  

  5. We use Sage Pay to collect and process transaction information. Please see their security policy on the following link       www.sagepay.co.uk/policies/security-policy 


General

  1. By agreeing to these terms and conditions the Parent consents that the data provided (non-financial) can be shared within the Playball group.
  2. The Parent shall indemnify and keep indemnified Playball against all loss (including loss of profit), liability, cost and expenses which Playball may incur directly or indirectly as a consequence of any action or inaction of the Parent, Carer and/or Participant.
  3. Any notices to be sent by either party to the other shall be sent by pre-paid recorded delivery 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 or immediately if hand delivered.
  4. The failure by either party to enforce at any time or for any period any one or more of the obligations arising under this contract shall not be a waiver of them or of the right at any time subsequently to enforce any or all of such obligations.
  5. By agreeing to these terms and conditions the Parent and/ or Carer agrees to comply with our policy on weather while we play outdoors and make-up lessons due to missed classes (all details can be found under 'FAQ') 
  6. These terms and conditions constitute the entire agreement between the parties here to and supersedes prior agreements and understandings between the parties.
  7. This contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
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