1.0 Definitions |
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| 1.1 | ‘Carer’ means the person or persons who attend the course, or any part of it, with the Pupil and such term shall include the parent or legal guardian of the pupil and/or the person appointed by the parent or legal guardian to have care and control of the pupil (pre school only). |
| 1.2 | ‘Contract’ means any contract between the carer and BackFlip Performers (BP) and the participant and Katie Cannon (KC) in respect of a pupil’s or an individuals’ attendance on a course, incorporating these Terms. |
| 1.3 | ‘Course’ means a series of childrens’ gymnastic classes and adult fitness classes taught by BP and KC (or by such person as BP and KC may direct) in such format as BP or KC shall determine. |
| 1.4 | ‘Enrolment Form’ means the form relating to the enrolment of the Pupil or the participant on the Course. |
| 1.5 | ‘Fee’ means the amount payable for the course as specified on the Invoice. |
| 1.6 | ‘BP’ means the company’s name – BackFlip Performers, ‘KC’ means the company’s name – Katie Cannon |
| 1.7 | ‘Premises’ means any building from which BP or KC operates the course. |
| 1.8 | ‘Pupil’ means the child referred to in the Enrolment Form. |
| 1.9 | ‘Participant’ means the individual taking part in the class. |
| 1.10 | ‘Teaching Term’ means a period of time as specified on the enrolment form. |
| 1.11 | ‘Terms’ means these terms and conditions and any special terms and conditions agreed in writing by BP and KC and the Carer. |
2.0 Acceptance of Terms and Conditions |
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| 2.1; | These Terms are the terms and conditions upon which the Pupil and the participant is accepted on a Course by BP and KC. The Terms may be amended or updated by BP and KC from time to time and such amendments advised to the Carer and the participant in writing. All references to the Terms shall mean the terms as amended or substituted from time to time. |
| 2.2 | No variations or addition to the Terms shall be binding unless agreed in writing by BP and KC. |
| 2.3 | The Terms shall be deemed to have been accepted and agreed to by the Carer and the participant upon payment of the Fee or upon the Pupil and the participant attending a Course, whichever is the earlier. |
3.0 Fee and Payment |
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| 3.1 | Payment of the Fee shall be due by the Carer and the participant to BP and KC prior to the Pupil and the participant commencing the Course. Time for payment shall be of the essence unless BP and KC agrees otherwise in writing. |
| 3.2 | VAT, if applicable shall be added to the Fee at the current rate. |
| 3.3 | Subject to clauses 4.2 and 7.2, the Fee is non-refundable except with the prior written agreement of BP and KC. |
| 3.4 | Notwithstanding anything in these Terms, BP and KC reserves the right to increase the Fee in respect of a subsequent Teaching Term on 28 days ’written notice. In the event of a change in the Fee or any material change to these Terms the Carer and the participant may, by serving written notice on BP and KC within 7 days of the date of BP’s and KC’s notice of such change, terminate the Contract. |
| 3.5 | Invoices not paid within 14 days have an interest of 20% per week until payment is received. |
4.0 Cancellation |
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| 4.1 | BP and KC may cancel the Contract in its absolute discretion, at any time before the Pupil and the participant commences the Course for any reason whatsoever. BP and KC shall not be liable for any loss, damage or expenses whatsoever arising from such cancellation. |
| 4.2 | In the event of cancellation by BP and KC prior to the commencement of the Course by the Pupil and the participant, BP and KC will refund any Fee paid. |
| 4.3 | Once a ‘carer’ has paid for the duration of the term and the term has commenced a refund is not permitted. |
| 4.4; | If you wish to cancel your membership at The Katie Cannon Centre then a full months notice must be given in writing, otherwise full payment will be required for the month of cancellation. |
5.0 Carer’s Responsibility – BP |
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| 5.1 | The Carer warrants and represents that: The information set out on the Enrolment Form is accurate in all respects and that the Carer will notify BP of any change of such information immediately. |
| 5.2 | When attending the Course, neither the Pupil nor the Carer will be suffering from any infectious or contagious diseases. |
| 5.3 | The Carer acknowledges and agrees that the Pupil shall be deemed to be under his or her direction, care and control 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. |
| 5.4 | The Carer undertakes to comply with all health and safety rules and procedures which may be in place at the Premises. |
6.0 Discipline – BP |
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| 6.1 | In the event that BP in its sole and absolute discretion determines the behaviour of the Pupil and/or the Carer to be unacceptable, BP shall be entitled to exclude the Pupil and/or the Carer from the Course and Premises permanently or for such period as BP shall (in its absolute discretion) determine and in such circumstances the Fee will not be refunded. |
7.0 Exclusion of Liability |
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| 7.1; | BP and KC warrants that (subject to the other provision of these Terms) the Contract will be performed by BP and KC using reasonable skill and care. |
| 7.2 | If BP’s and KC’s performance under the Contract does not conform with the warranty in clause 7.1, BP and KC shall refund the Fee or such part of the Fee as BP and KC considers reasonable in its sole and absolute discretion. |
| 7.3 | If BP and KC complies with clause 7.2, it shall have no further liability for a breach of the warranty in clause 7.1. |
| 7.4 | All other warranties, conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded from the Contract. |
| 7.5 | Nothing in these Terms excludes or limits the liability of BP and KC. |
| 7.6 | For death or personal injury caused by the negligence of BP and KC, its teachers, employees or agents; |
| 7.7 | For fraud or fraudulent mis-representations; or |
| 7.8 | For any matter which it would be illegal for BP and KC to exclude or attempt to exclude its liability. |
| 7.9 | Subject to the provisions contained in this clause 7, BP and KC, its teachers, employees or agents shall not be liable for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Carer and the participant, the Pupil and the participant or any other party arising directly or indirectly or in any way connected with the attendance of the Pupil or the participant on the Course including but not limited to, the unavailability of a teacher, the postponement or cancellation of the Course (or any part of it) or any other act or omission on the part of BP and KC or any of its teachers, employees or agents even if such act or omission is negligent. |
| 7.10 | Subject to the provisions contained in clause 7.5, the Carer and the participant acknowledges (for and on behalf of the Carer and the Pupil and the participant) that the maximum aggregate liability of KC to the Carer and/or Pupil and the participant under these Terms shall not exceed the Fee. |
8.0 General |
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| 8.1 | Any notices to be sent by either party to the other shall be sent by pre-paid second class post of 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 if sent by post, and immediately if hand delivered so long as delivery occurs during normal business hours on a normal business day. |
| 8.2 | The BP and KC brochure is intended to provide an overview of the way the Course is currently run. Whilst KC take reasonable steps to ensure the accuracy of the brochure at the time of printing, some details may subsequently become inaccurate, and the brochure is not intended to form part of the Contract. |
| 8.3 | Whilst BP and KC believes that the Terms are fair and reasonable, if any provision contained within them or any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and/or the Contract shall continue in full force and effect. |
| 8.4 | These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is not contained herein shall be binding or form part of the Contract. |
| 8.5 | The parties do not intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third parties) Act 1999 by any person who is not a party to it. |
| 8.6 | The failure of BP and KC to exercise or enforce any right under the Contract shall not be deemed to be a waiver of that right nor operate to bar the exercise of enforcement of it at any time or times thereafter. |
| 8.7 | The Contract shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English courts. |
| 1st October 2010 | |