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TERMS & CONDITIONS…

Definitions

1.“Parent” means a parent or legal guardian who will be responsible for the payment of Fees and who is the contracting party to this contract.

2.“Carer” means the person / persons who attends the session or any part of it, with the member.

3.“Member” means the Child whose name is enrolled and attends the session.

4.“RUGGERBUGS” means, RUGGERBUGS Ltd (where a territory is operated directly) or a RUGGERBUGS Franchisee with whom you have entered into this agreement.

5.“Session” means the RUGGERBUGS classes described on the Enrolment Form / Website.

6.“Enrolment Form” means the form relating to the enrolment or re-enrolment of the member on the sessions either via the website or in hard format.

7.”Fee” means the monetary cost annually and per session as specified on the Enrolment Form / Website.

8.”Coach” means the individual(s), employed by RUGGERBUGS Ltd directly or the RUGGERBUGS Franchisee to deliver the sessions. Every effort will be taken to maintain the consistency of the Coaches during the sessions; however the company unreservedly retains the right to change the coaching staff where necessary.

9.”Venue” means the premises where the sessions take place.

10.”Club” means the venue at which the member is enrolled.

“Terms” means the Terms and Conditions set out in this document and any special Terms and Conditions agreed in writing by RUGGERBUGS Ltd directly or the RUGGERBUGS Franchisee and the Parent.

12.”RUGGERBUGS Membership Pack” Means the pack supplied at the initial joining and annual renewal. This Pack includes a bespoke RUGGERBUGS kit (Shirt and Shorts). Bag and Rugby Ball. The ball and bag are only supplied at initial joining. The company reserves the right to make changes to these packs at any time.

13 “Company” means RUGGERBUGS Ltd (where a territory is operated directly) or a RUGGERBUGS Franchisee with whom you have entered into this agreement.

Enrolment, Payment, Direct Debits and Returns

Enrolling a Member confirms acceptance by the Parent of the Terms and Conditions in this document.

The Parent shall pay the whole Fee to the company prior to the Member commencing the session. Via our website www.ruggerbugs.co.uk. Following the initial payment a Direct Debit will be set up as per the following:

Direct Debits set up under the RUGGERBUGS Ltd Direct Debit Scheme will be called on the 4th of each month.

Ruggerbugs Classes may be subject to price increases for which written notice will be given to all customers paying by Direct Debit.

Minimum age for the payee of any Direct Debit is 16 years.

Ruggerbugs Ltd reserves the right to withdraw the Ruggerbugs Direct Debit scheme at any time.

20.Ruggerbugs Ltd does not accept responsibility for any postal applications lost in the post or not received.

Cancellation & Failed Payments

To cancel your Ruggerbugs Ltd Direct Debit you may do so at any time by contacting your bank and cancelling your direct debit. It is your responsibility to do this. RUGGERBUGS will not be held liable if you fail to cancel your direct debit. Refunds due to this will incur an Admin fee of £10 per transaction.

You are required to contact us in writing 30 days in advance to let us know that you have cancelled your direct debit. Failure to do this could result in you being liable for holding your child’s space without notification of cancellation.

Ruggerbugs Ltd cannot be held responsible for correspondence not received.

If we are informed by your bank that the direct debit arrangement has been cancelled, without notification by yourselves, your child’s place on the classes will be suspended and you or your children are no longer eligible to attend the classes under the scheme until alternative payment arrangements have been made. This will also be subject to an Additional fee of £3 per transaction

If your Direct Debit payment fails for any reason on 4th of the month, we will contact you to inform you to arrange for payment by an alternative method and if necessary complete a new Direct Debit mandate. This will also be subject to an Additional fee of £1.50 per transaction

Failure to make alternative payment will ultimately mean that we cancel the place(s) on the Ruggerbugs programme and you will still be liable .

Pricing

27 Prices are correct at the time of going to print; however, Ruggerbugs Ltd reserves the right to amend pricing at any time.

28 Membership is on a continuous 5 weekly rolling basis (except for notified shutdowns). Places cannot be held or guaranteed where members skip terms unless the term skipped is paid for in full.

29 The Member will NOT be allowed to participate in sessions unless their membership is active and fees are up to date.

If after the first session, it is agreed between the company and Parent not to be suitable for the Member a full refund of the remaining session fees will be made. This will be made within 14 days provided the Parent notifies the company in writing before the next session. A £10 administration fee will be charged.

RUGGERBUGS Membership Packs will be issued via a Courier to a members home address or centre at the next available slot where a territory is operated directly by RUGGERBUGS Ltd. Franchisees will issue packs directly at their centres.

Annual Membership Fees are due on enrolment and annually on the anniversary date of joining. Fees are non-refundable and will not be pro-rated. Forms will be issued one month prior to due date. If applicable New Membership Kits will be issued within 28 days of payment.

Where a Member leaves and re-joins during the paid membership year (subject to availability) membership will be automatically reactivated. Where 6 or more months have passed, the company reserves the right to charge a £20 reactivation fee.

Annual Renewals You will be invoiced 1 month prior to your annual renewal and the amount due will be taken on the month on which the annual renewal is due.

Where a Member is unable to attend due to illness, holiday or other reason no refund, credit or discount of the session will be made.

No refunds are given when a member leaves the Club.

Clothing

The Member is expected to wear the supplied RUGGERBUGS kit to each session. The company reserves the right to suspend or permanently exclude the Member from future sessions, with no refund of fees where kit is not worn. In such situations, the company will aim to discuss the situation with the Parent and seek solution, before such action is taken.

38.The company will supply a RUGGERBUGS kit which is the size appropriate at the time of joining / renewal. Parents may purchase additional kits for the Member from the Company during the course of the Membership. The member is expected to wear suitable footwear to maximise their safety and freedom.

The Company is not responsible for lost or stolen items.

Health and Safety

Smoking is not permitted at the Venues / Session(s).

41.The Company will ensure that the Venue is appropriate to the needs of the session.

Responsibilities

The Carer attending the session/s with the member MUST remain in the immediate vicinity where the session/s is taking place. This is at all times and they are ultimately responsible for the Member’s behaviour, participation, safety and welfare (including toilet and bathroom visits).

The Parent as soon as reasonably possible must notify the Company in writing of any changes to the information submitted on the original Enrolment Form.

The Parent agrees that other than in event of negligence of the company, insurance against personal injury or loss/damage is the responsibility of the Parent.

The Parent will be responsible for all costs / reimbursements of monies paid out by the Company as a result of actions by either the Member or Carer.

The Parent agrees that the Member or Carer will NOT attend a session if either has a significant infections disease or condition.

Behaviour

Parent / Carer’s are responsible for informing the company of any special medical condition at the point of Enrolment. This includes behavioural disorders.

If a Member’s behaviour is deemed disruptive, destructive, or dangerous to themselves, other Members, or Coaches during the session/s the Company reserves the right to suspend or permanently exclude the Member from future sessions. with no refund of fees paid. In such situations, the company will aim to discuss the situation with the Parent and seek a solution, before such action is taken.

If a Parent / Carer’s behaviour is deemed unacceptable, the Company reserve the right to suspend or permanently exclude the Member from future sessions, with no refund of fees paid.

The Company will ensure that all staff act in a professional and appropriate manner. Where the Parent believes a member of staff is acting unprofessionally and/or inappropriately this should be brought to the attention of the Company immediately through the Company Complaints Procedure. A copy is available on request.

The Company Child Protection Policy is available for Parents / Carers to view on request.

The Company’s Child Protection Policy can be provided on request.

Non-attendance/Cancellation/ Termination

If a Member is unable to attend a session/s the Parent should notify the Company as soon as possible. A message should be left on the Company answer phone.

The Company reserves the right to cancel Membership in the event of non-attendance and / or non-renewal of session fees.

If the Member no longer requires a place, the Parent should inform the Company in writing as soon as possible. Failure to do so may result in the term not attended being charged for.

The Company reserves the right to change the Venue of the Club and will give as much notice as possible.

Occasionally, a session may be cancelled / unable to run on a specific date or time due to the unavailability of the Venue or Coaches. In the event of this happening, the Company will give as much notice as reasonably possible. Where session fees have already been paid, a credit will be given which will be redeemed the following term. No refund will be given.

No refunds or credits will be given for cancellation due to adverse weather conditions.

The Company reserves the right to terminate a Club without notice before or during a Membership. A full refund of outstanding session fees will be given for sessions not completed. The Company will have no other liability owing.

Transfer

A Member may transfer their Membership to another RUGGERBUGS Club at any time provided a space is available. A £10 administration charge will be made. The Company reserves the right to refuse transfers.

Class Observation

Parents, siblings and guests are always welcome to observe a session. Parents may participate if they wish to assist and encourage. Siblings are not permitted to participate in the session/s unless they are enrolled in that class.

63 By accepting the Terms and Conditions a parent / carer consents to their child’s image being used to promote and advertise the company.

64 Consent can be withdrawn at any time in writing to the company.

65 A copy of the Company Photo Consent Policy is available on request

Confidentiality

By agreeing to these Terms & Conditions the Parent and/or Carer agrees not to share any aspects of RUGGERBUGS programme with a third party who may be involved in a business that operates in the same market as RUGGERBUGS. The Parent and/or Carer will not be involved with such company directly or indirectly.

The Parent and/or Carer will not take, replicate or use any RUGGERBUGS material directly or indirectly for his/her own use or for use by a third party. This also includes setting up a competing company.

The Parent and/or Carer agree not to be directly or indirectly involved or interested in any businesses which competes with RUGGERBUGS while the Member is a pupil of RUGGERBUGS and for a period of two years thereafter.

Limitation of Liability

The Parent and/or Carer agrees that any claim made against RUGGERBUGS will be made in writing within 30 days of the incident taking place. Failure to report in writing within this time will negate any such claim.

The maximum aggregate liability for RUGGERBUGS to the Participant, Parent and/or Carer will not exceed the Fees.

Neither RUGGERBUGS, nor any Coach, Coaching Assistant nor any other employee, agent or other representative accepts responsibility in respect of loss, damage or expense incurred by a Member, Parent and/or Carer.

All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by negligence of RUGGERBUGS, it’s Coaches, Coaching Assistant nor any other employee, agent and/or other representatives or affects the statutory rights if the Parent or Participant.

General

By agreeing to these Terms & Conditions the Parent consents that the data provided (non-financial) can be shared within the RUGGERBUGS group.

The Parent shall indemnify and keep indemnified RUGGERBUGS against all loss (including loss of profit), liability, cost and expenses which RUGGERBUGS may incur directly or indirectly as a consequence of any action or inaction of the Parent, Carer and/or Member.

Any notices to be sent by either party to the other sent by 1st CLASS, 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.

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 such obligations.

These Terms & Conditions constitute to an entire agreement between the parties hereto and supersedes prior agreements and understandings between the parties.

This contract shall be governed by the laws of England and the parties submit to exclusive jurisdiction of the English courts. Where a RUGGERBUGS Franchise operates outside of the United Kingdom the laws of its land will apply.

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