Terms & Conditions

a. 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 Sportivos class described on the Booking Form
  4. “Coach” means the individual engaged by Sportivos to teach Classes. Whilst every effort will be taken to maintain the consistency of the Coaches during the Term, Sportivos 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 Sportivos Class who details are provided by the Parent or Carer on the Booking Form
  8. “Premises” means the premises where the Classes take place
  9. “Sportivos” means the company or person with whom you have entered into this agreement
  10. “Term” means the agreed dates on the Booking Form and as described under “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 Sportivos and the Parent/Carer “Website” means the website at sportivos.co.uk

b. Acceptance

  1. All agreements and issues relating to the teaching of the Classes by Sportivos to the Participant and the on-going communication with Coaches, admin staff and Sportivos 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 Sportivos 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 Sportivos.
  4. Sportivos may cancel this contract at any time before the Participant commences a Term, for any reason whatsoever.
  5. Sportivos shall not be responsible for any loss or damage whatsoever arising from such cancellation but will refund Fees paid for the remaining Classes in the Term.

c. Confidentiality

  1. By agreeing to these Terms & Conditions the Parent and/or Carer agrees not to share any aspects of the Sportivos programme with a third party who may be involved in a business that operates in the same market as Sportivos. 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 Sportivos 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 the any business which competes with Sportivos while the participant is a pupil of Sportivos and for a period on one year thereafter.

d. 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 Sportivos immediately.
  2. It is the Parent and/or Carer’s responsibility to inform Sportivos of any special medical conditions at the point of booking. This includes behavioural difficulties.
  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.
  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. Sportivos does not allow the Parent and/or Carer to leave the Participant for any amount of time before, during or after a Class.
  6. Sportivos shall have the sole right to exclude the Participant and/or Parent and/or Carer either permanently or for such period as Sportivos shall (in its entire discretion) determine if deemed necessary for the safety and wellbeing of other participants or parents or carers.
  7. The Parent is allowed to bring siblings of the Pupil onto the Premises as long as they do not get involved in the lesson (unless the sibling enrolls into the appropriate age-group class). The sibling is the responsibility of the Parent/Carer at all times. If the sibling needs attention that requires the Parent/Carer to leave the Premises, the Pupil must accompany the Parent/Carer and must not be left with the Coach.
  8. Customers accept that at times there will be physical contact between the Coach and their child, which will always be carried out in a professional and caring manner.

 

e. Limitation of liability

  1. The Parent and/or Carer agrees that any claim made against Sportivos 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 Sportivos to the Participant, Parent and/or Carer will not exceed the Fees.
  3. Neither Sportivos nor any Coach, coaches assistant nor any employee, agent 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 Sportivos, 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 Sportivos, it Coaches, coaches assistants, employees, agents and/or representatives or affects the statutory rights of the parent or Participant.
  5. The Parent and/or Carer agrees that any Sportivos merchandise product purchased is to be used at their own risk. Sportivos will not accept responsibility for any personal injury which may occur due to improper use. As a consequence, Sportivos recommends that all equipment is used under the supervision of a Parent/Carer.

f. Booking a class

  1. You can make a class booking online at sportivos.co.uk
  2. You must provide us with specific personal information in order to book a class with us. Full details of the information we collect can be found in our Data Privacy Policy on our website.
  3. During the booking process, you will be asked to read and agree to our Terms and Conditions (this document), which include our Session Rules. Upon completion, you will receive a confirmation email detailing what you have booked, information about the time/location of your classes and other information about the programme.
  4. All class timetables are correct at time of publishing. If your class time/location changes, we will contact you.
  5. All of our prices include standard rate VAT where applicable.

g. Payment

  1. Deposit – Our policy is to hold one month’s fees as a deposit which will be credited back to your Sportivos account if you cancel your Monthly Plan. It will then be refunded minus any amounts due upon cancellation. Please be aware we do not give credit for lessons within the 30 day notice period if you are unable to attend, unless discussed with head office in advance.
  2. Lessons are paid monthly in advance and must be paid in full prior to the Pupil commencing the classes. Subsequent monthly payments will be taken automatically on your chosen monthly date.
  3. You hereby authorise Sportivos to take automatic monthly payments on the basis described in 1. above (“Continuous Payment Authority”) until such time as you give us 30 days written notice to cancel this authorisation. Payments will be taken from the card from which you made your last payment. If you want to change the card details, please contact do so via your Sportivos account.
  4. It is your responsibility to make sure that there are sufficient funds in your account and that the saved card is valid. If an automatic payment has failed, you will be notified and a manual payment to Sportivos will then be required to retain your space in the class. You will be responsible for any fees or penalties that Sportivos incurs as a result of a failed payment.
  5. It is not possible for customers to cancel their booking within 14 days of making the booking. If you do decide to cancel within the 14 day period since booking, please contact head office.
  6. If live classes are cancelled for any reason outside the control of Sportivos, including (without limitation) as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, strikes or terrorist activity), or where local or governmental authorities/public guidance advise that live classes should be temporarily suspended for health or other reasons (‘Extreme Reasons’), then no refunds nor credits shall be given.
  7. If your class fee changes you will be notified of your revised payment schedule by Sportivos.
  8. Birthday Parties and Holiday Classes are run separately from our regular Classes. Payment for these will be taken separately from your automatic monthly payments and will not affect your regular payment due dates.

h. Cancellation by Sportivos

  1. Sportivos may cancel this contract at any time before the Pupil commences the Course for any reason whatsoever. Sportivos shall not be liable for any loss or damage whatsoever arising from such cancellation.
  2. In the unlikely event of ‘last minute’ lesson changes or a lesson cancellation by us, Sportivos will notify you with as much notice as possible. Sportivos will not reimburse any expenses incurred by a customer failing to pick up their message.
  3. If insufficient children are booked into your class, we reserve the right to cancel the class. In this instance a refund will be given for any remaining sessions after the cancellation.
  4. In the event of cancellation by Sportivos prior to the commencement of the Course by the Pupil, Sportivos will refund any fees for outstanding classes within 30 days.
  5. The Parent understands that sessions are ongoing and to be used consecutively. No credits or refunds will be issued for missed classes.

i. Attendance

  1. Your lesson payment has reserved your place just for you and if you miss a lesson for any reason we are unable to refund you. If you know you are unable to attend a lesson, please let us know giving at least 48 hours noticeby emailing or telephoning.
  2. If, having let us know you are unable to attend your normal lesson, your circumstances change and you are, in fact, able to attend the lesson, you must speak to Sportivos. Please do not just turn up to your normal lesson as; if the lesson is full, your child will not be able to play for insurance reasons.

j. Cancellation by the Parent / Carer

  1. The cancellation rights generally available to consumers in accordance with their statutory rights do not apply to the classes provided by us.
  2. For New Customers if for any reason you attend your first session and decide that it is not for you, we will give you a refund for the remaining month’s classes, as long as you notify us in writing of your intention not to continue, within 24 hours of attending your first session. If your request is not received in writing and/or is received after 24 hours of your first session, you will not be eligible for a refund.
  3. Existing customers who want to cancel their course can do so by logging into their Sportivos account. Customers are required to give 30 days notice and can either choose which date they wish to leave, or leave immediately. Sportivos will confirm the date of the customer’s final class via email when the notice has been received. No refund nor credit will be given for any class(es) that are unattended prior to and including the customer’s final class, unless Sportivos cancels a session.

k. Session Rules

  1. For Health and Safety purposes please supervise your child(ren) around the pitch/venue prior to your session start time.
  2. Please remember that you are the responsible adult for your child when he/she is attending a Sportivos session. Responsible adults should stay within easy sight and reach of their child at all times.
  3. Please help us start and finish sessions on time by arriving promptly for your session and taking any litter home with you when you leave. Please let the coaching team know if you have to leave the session early for any reason; this is for emergency evacuation purposes.
  4. Please keep siblings, buggies and associated equipment off or as far back from the playing area at all times. ‘Pitch invaders’ are not covered by our accident insurance if they cause or are involved in an accident.
  5. Please assist us to ensure that the session runs smoothly by firmly requiring your child to sit with you on the sidelines for a full 3 minute ‘time-out and calm down’ as may be requested by the Coach at any time during the session.
  6. Parents/Carers should provide water but no food must be eaten on the pitch to avoid the hazard of choking.
  7. We request that parents/carers DO NOT take photographs or videos at Sportios sessions. Whilst our coaches will do their best to enforce a total ban on the use of photographic/film or video equipment by parents/carers at classes, due to the nature of their work and the concentration required during the delivery of sessions, we are unable to guarantee this, and your cooperation would be appreciated. From time to time Sportivos may organise class photo shoots, but only where all parental consents have been obtained.
  8. Please try to keep noise and disturbance from the sidelines to a minimum to avoid distracting your child and others.
  9. Please ensure your child is wearing athletic clothing and proper footwear for each session.  Ensure that you have packed appropriate clothing for all weather conditions for those sessions that are running outdoors (Sportivos will notify you if a session takes place outdoors).
  10. Although general advice will be offered, no requests for transfers, moving up age groups or changing venues or sessions can be confirmed on the spot at classes. Absolutely no cash/cheques or enrolment forms will be accepted at the class. Please call the administration number on your enrolment information to discuss the matter with the administration team.

l. Complaints’ Procedure

  1. We hope you will be delighted with our service but if you are at all unhappy please follow our complaints procedure – speak to the Coach, or telephone / email Sportivos head office [email protected] and we will try to resolve the matter to your satisfaction.

m. General

  1. Sportivos accepts the service of documents via email and any notices to be sent by either party to the other shall be sent in writing.
  2. The failure by either party to enforce at any time or for any period any one or more of the obligations arising under these Terms shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms.
  3. The Parent acknowledges, has read and understood the Sportivos Data Privacy Policy found at www.sportivos.co.uk.
  4. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
  5. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
  6. Nobody else has any rights under this contract. This contract is between you and Sportivos. No other person shall have any rights to enforce any of its terms.
  7. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the service, we can still require you to make the payment at a later date.
  8. 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 this Agreement.
  9. The safety and wellbeing of your child or the child in your care is of the upmost importance to Sportivos. We have a responsibility to report any inappropriate or suspicious behaviour to the relevant authorities.
  10. Whilst we will try to ensure you always have the same teacher in a particular class, we cannot guarantee this as teachers may fall ill, leave or cancel for personal reasons. On occasion we may also need to have a new teacher join or lead your lesson in order to complete their teacher training or assessments. This will in no way affect the quality of your lesson.
  11. Our Classes are designed with a child’s physical, social, cognitive and emotional development in mind. Moving children into classes before a certain age could be challenging for them and detrimental to their progress. We have therefore applied a minimum and maximum age to each level, which is based around these considerations and must be adhered to.
  12. We reserve the right to make amendments to our Terms and Conditions at any time to reflect changes in our business or statutory obligations. The new version will be posted on our website and will take effect immediately upon posting. If applicable these changes will be communicated to all our customers by email. If you book lessons after the new Terms and Conditions have come into effect as part of your booking process you will indicate your agreement to be bound by them.
  13. This entire agreement shall be governed by English Law and shall fall under English jurisdiction.

© Sportivos Ltd. All rights reserved.

Registered Office: Lynn Garth, Gillinggate, Kendal, LA9 4JB

Company registration number: 14448133