Terms And Conditions
Kickstarterz Sports Terms and Conditions
This Agreement of our terms and conditions is governed by and shall be construed in accordance with the laws of England.
“Carer” refers to the person / persons who attend the course of any part of it with the pupil.
“Parent” refers to a parent or legal guardian who will be responsible for the payment of the fees and who is the contracting party in this contract
“Kickstarterz Sports” refers to the company or the person with whom you have entered this agreement
“Course” refers to the Kickstarterz Sports children’s sports programmes, products and services
“Enrolment Form” refers to the form relating to the enrolment or reenrolment of a pupil on a Kickstarterz Sports course
“Fee” refers to the monetary cost per course as specified in the enrolment form
“Coach” refers to the individual(s) employed by Kickstarterz Sports to teach the course. Every effort will be ensued to ensure that the coaching personnel for each venue remain the same, however, Kickstarterz Sports retain the right to change coaching personnel when required.
“Premises” refers to the premises where the course takes place.
“Pupil” refers to the child attending the course, whose details are specified by the Parent or Carer on the enrolment form.
“Terms” refers to the terms and conditions set out in this document and any special terms and con-ditions agreed in writing by Kickstarterz Sports and the parent / carer / guardian.
Acceptance of Terms and Conditions
- All agreements relating to the teaching of the Course by Kickstarterz Sports to the Pupil are subject to these Terms to the exclusion of all other terms and conditions
- No variation or addition to the Terms shall be binding unless agreed in writing by Kickstarterz Sports and the Parent
- 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.
- The Parent and/or Carer agrees to keep the content of the Kickstarterz Sports Course confidential and not copy or use any aspect of the Kickstarterz Sports Programme directly or indirectly
- The Parent shall pay the whole Fee to Kickstarterz Sports prior to the Pupil commencing the selected course
- The Fee is non-refundable under any circumstances whatsoever without the prior written agreement of Kickstarterz Sports. Customers who pay by recurring card payment are offered a “pause” facility for breaks of two or more consecutive weeks for family holidays or missed sessions provided we are notified two weeks in advance of these missed sessions, during which the child’s place is still re-served. These breaks must be less than 10 weeks in duration and can only be used on a maximum of three occasions in a calendar year.
- Monthly fees pay for fixed venue, coaching and associated equipment and overheads required to maintain the course.
- Kickstarterz Sports operates the highest levels of coach child ratios and therefore places are limited spaces per class and the monthly subscriptions reserves a place whether the child attends the class or not.
- Monthly subscriptions and fee for classes and camps are subject to change reflecting increases in venue, coaching and costs associated with legal compliance, OFSTED requirements and government regulation.
- Monthly subscription fees are recurring. Single pupil recurring payments are charged at the indicated rate on the payment page (this varies depending on the territory and class attended). Multiple pupil recurring payments will receive a discount indicated on the payment page.
- Kickstarterz Sports may cancel this contract at any time before the Pupil commences the course for any reason whatsoever. Kickstarterz Sports shall not be liable for any loss or damage whatsoever arising from such cancellation.
- The Pupil’s monthly membership for skills classes (football and other sports and activities) secures the Pupil’s place in the class and the subscription will continue to be collected until Kickstarterz Sports receive notification (email: firstname.lastname@example.org) from the Parent to cancel the membership. Any refund due to lack of attendance is limited to a maximum of two months.
- The Parent must ensure they give at least two weeks notice before the next renewal date. Please note, we are unable to issue any refunds if a cancellation request is made within two weeks of the renewal date and the renewal is subsequently collected.
- During the notice period the Pupil is welcome to attend the sessions that the renewal covers, or alternatively the sessions can be saved as credit to be used in the future or you can send a substitute friend to make use of the place. Any credit made for future courses must be against consecutive sessions or classes and the credit can only be applied to an active membership (a membership is set-up using card details).
- In the event of cancellation by Kickstarterz Sports prior to commencement of the Course by the Pupil, Kickstarterz Sports will refund any fees for outstanding classes. This condition does not include “acts of God” or cancellations enforced by venues due to public holidays, where we are unable to issue refunds.
- In the event of cancellation of attendance at a Kickstarterz Sports Holiday Camp provision, the missed session will be credited to the family at the discretion of the Membership team as a future booking. The value of each lesson (calculated by the monthly fee multiplied by 12 months in the year and divided by 52 weeks of the year). We are unable to offer monetary refunds due to staffing and venue hire. Credit will be applied to Parent accounts within 5 working days.
The Parent warrants and represents that:
- 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 Kickstarterz Sports of any change in such information immediately.
- The Parent will provide all relevant medical health and similar information required to conduct the Service and for the protection of the individual Pupil and other Pupils and third parties and emergency services that may come into contact with the Pupil during the execution of the Service.
- The Parent has read the Kickstarterz Sports Data Protection and Privacy Statement and has been informed as to their data and privacy rights as well as their personal data, its uses and processing of personal data by Kickstarterz Sports.
- The Parent recognizes Kickstarterz Sports legitimate right to use personal data in the normal course of con-ducting its business, for the execution of the service and the Kickstarterz Sports contractual obligations.
- The Parent recognizes the Kickstarterz Sports duty and responsibility to comply with its legal responsibilities, for OFSTED compliance and governmental regulation with regard to personal data.
- When attending the Course, neither the Pupil nor the Carer will be suffering from any illness, disease or anything similar there to.
- Where the Parent is present during the course of the Service, 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.
- The Parent recognizes that it is the core mission and essence of Kickstarterz Sports to promote healthy activity, sports, fitness, good behaviour and wellbeing for children and parents and that the use of marketing, communications, education, training and social media play a key element of promoting children’s sports and for the greater good of the community and the individual.
- Where a child is a Ward of Court, the Parent has a responsibility to inform Kickstarterz Sports of such status and any associated information regarding the child and circumstances around such status as it pertains to the delivery of the service and data protection and privacy responsibilities of Kickstarterz Sports.
- The Parent shall indemnify and keep indemnified Kickstarterz Sports against the loss (including loss of profit), liability, costs and expenses which Kickstarterz Sports shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Pupil.
- The Parent shall be responsible for any damage caused by the Pupil to any third-party property or individuals unless due to the direct act to cause any damage and the negligence of Kickstarterz Sports staff or sub-contractors.
Privacy & Data Protection
The Parent recognises that Kickstarterz Sports takes seriously its obligations and responsibilities and commitments under as defined by Data Protection legislation and common law rights of individuals pertaining to privacy and data protection rights. Kickstarterz Sports will obtain, retain and only process personal data in line with the UK Data Protection Act and the EU General Data Protection Regulation 2016 as well as respecting individual privacy and data protections rights within common law.
- Kickstarterz Sports will only process data that is appropriate for the purposes of delivering services to members and as required by government regulatory bodies including OFSTED for the purposes intended to support parents, children over the lifetime membership and the full range of products and services provided by Kickstarterz Sports including classes over the course of a Life-Time Membership of Kickstarterz Sports.
- Kickstarterz Sports will only keep data for a period required by OFSTED and government authorities and to support obligations of individuals including Kickstarterz Sports lifetime membership and the prevention of fraud.
- Kickstarterz Sports will not store credit or debit card details.
- Kickstarterz Sports will not share customer data with any 3rd parties other than for the purposes of executing Kickstarterz Sports contractual obligations to deliver the service and to comply with OFSTED and government regulation, emergency services, governing sports bodies, protection of the individual and the legitimate interests of society at large including research and analysis.
- Where there are events, tournaments, representative teams, competitive matches, training courses or classes, group travel or functions it may be necessary to share relevant communication information to the group including emails, mobile numbers and social media tags for the purposes of peer group support, safety, protection and for use during emergencies and situations where communications is needed between Children, Parents and Carers for the protection of children and for the legitimate interest of the group and the community.
At training sessions, events, classes, social and sports festivals, Kickstarterz Sports will be recording with photography and video for the purposes of training, quality and marketing purposes. This will include group photos and action shots as well as training routines, team and squad pictures.
The parent acknowledges and confirms that you waiver any and all image rights and recognize that all image rights fully vest in Kickstarterz Sports.