- a) “Participant” means the child who is attending or who is booked on to a Rugby Nippers session
- b) “Rugby Nippers”, (“we”, “our”) means a class operated by Charles James Knight (Known as James Knight) or an employed person of the company or their appointed coach as “Lead Coach”.
- c) “Rugby Nippers session” means the weekly class held and the agreed date and time as described under the view classes tab online at www.rugbynippers.co.uk.
- d) In the event of cancellation of classes due to “Conditions Outwith Our Control” such as weather, a refund (or replacement class) shall be given.
- e) “Guardian” or “Parent” means the person who attends the class with the Participant and is responsible for their welfare.
- f) “Cost” and “Fees” means the value chargeable to attend a Rugby Nippers session, currently £39.00 for each block of six classes which is to be paid in advance of the block starting.
- g) “Contract” the contract between Rugby Nippers and the Parent or Carer, as applicable, for the supply of services in accordance with these terms.
- a) All issues pertaining to the coaching during a Rugby Nippers class operated by Rugby Nippers and the on-going communication with coaches, are subject to these terms and will not be replaced unless pre-agreed in writing by Rugby Nippers and the Parent.
- b) These terms shall be deemed to be accepted by the Parent or Guardian once the enrolment form and payment has been received at which point, and on which date the Contract shall come in to existence.
- a) By agreeing to these terms the Parent or Guardian agrees not to share any aspects of the Rugby Nippers programme with a third party who may be involved in a business that operates in the same market as Rugby Nippers.
- b) The Parent or Guardian will not take, replicate or use any Rugby Nippers material directly or indirectly for use with any other organisation.
4. Company Information
- a) The classes in any given territory are operated by our Lead Coaches and trading in business under the name “Rugby Nippers “.
5. Parent/Guardian Obligation
- a) The information provided on the enrolment form is accurate and up to date at the time of booking. Any changes need to be sent to Rugby Nippers and notification to Charles James Knight, by the Parent/Guardian, in person, by telephone or in writing as soon as the change needed is apparent.
- b) It is the Parent or Guardian responsibility to inform the Rugby Nippers Lead Coaches of any special medical conditions at the point of booking. This includes behavioural disorders, medical or any other condition that may be significant.
- c) During all Rugby Nippers classes the Parent or Guardian agrees and accepts the sole responsibility, general conduct and care for the Participant during the class.
- d) Rugby Nippers does not allow the Parent or Guardian to leave the Participant for any amount of time before, during or after a Rugby Nippers class.
- e) Rugby Nippers have the sole right to cancel or exclude the Participant and the Parent or Guardian if deemed necessary for the safety and well being of other Participants or Parents or Guardian.
6. Limitation of liability
- a) Neither Rugby Nippers, a coach, coaches assistant nor any other servant accepts responsibility in respect of loss, damage or expense incurred by a Participant, Parent or Guardian during a Rugby Nippers session.
- b) Rugby Nippers shall under no circumstances whatsoever be liable to the Participant, Guardian and/or Parent, whether in contract, Delict (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;
- c) Rugby Nippers total liability to the Parent and/or Guardian in respect of all other losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total fee paid by the Parent or Carer to Rugby Nippers when entering in to the Contract.
7. Data protection
- a) By agreeing to these terms and conditions the Parent or Carer consents that the data provided (non financial) can be shared within the Rugby Nippers organisation.
- b) We process and hold all personal information in accordance with the Data Protection Act 1998.
- a) Rugby Nippers may use photography in their classes and Parents and Carers have the right to refuse participation in such events. Inclusion in the photographs means that Rugby Nippers has the right to use these images for promotional purposes until such time the Parent or Carer requests otherwise.
9. Rugby Nippers Standards
- a) Rugby Nippers Lead Coaches have completed the following qualifications:
i. UKCC Level 1 Rugby Union Certificate
ii. Level 3 award in First Aid at work
- b) Rugby Nippers Lead Coaches hold the relevant enhanced Disclosure and Barring Service (DBS – previously CRB) Checks and they can be seen on request.
- c) Every Coach is fully insured through Sports coach UK and this can be seen on request.
10. Events Outwith Our Control
- a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an Event Outwith Our Control.
- b) An Event Outwith Our Control means any act or event beyond our reasonable control, non exclusively including limitation strikes, commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
- c) If an Event Outwith Our Control takes place that affects the performance of our obligations under these terms:
i. We will contact you as soon as reasonably possible to notify you; and
ii. Our obligations under these terms will be suspended
- d) Where the Event Outwith Our Control affects our performance of services to you, we will restart the services as soon as reasonably possible after the Event Outwith Our Control is over.
11. Cancellation Rights and Refunds
- a) The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of Rugby Nippers, unless the child has attended the first two classes of their course and given notice that they will not be continuing to attend classes within 24 hours of attending the second class, in which case the remaining course fees will be refunded in full within 30 days.
- b) Before we begin to provide the services, you may cancel the contract for services two weeks before the classes commence. Any advance payment you have made for services that have not been provided will be refunded to you in full within 30 days.
12. Our Rights to Cancel and Applicable Refund
- a) If we have to cancel an order for services before the services start:
i. We may have to cancel an order before the start date for the services, due to an Event Outwith Our Control or the unavailability of key personnel or key materials without which we cannot provide the services. We will promptly contact you if this happens.
ii. If we have to cancel a session and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
- b) We may cancel the contract for services at any time with immediate effect if:
i. You do not pay us when you are supposed to when entering in to the Contract; or
ii. You break the Contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to do so.
- a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, sent by first class post or other next working day delivery service, commercial courier, fax or e-mail.
- b) A notice or other communication shall be deemed to have been received: if delivered personally; if sent by pre-paid first class post or other next working day delivery service; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one business day after transmission.
- a) We may revise these terms from time to time to account for any changes in relevant laws and regulatory requirements or with the consent of both parties. Where we revise these terms due to changes in relevant laws or other regulatory requirements, we will give you notice of such changes
- a) We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.
- b) The Contract is between you and Rugby Nippers. No other person shall have any rights to enforce any of its terms.
- c) Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- d) These terms and conditions are governed by Scottish law.