Terms and Conditions

TERMS AND CONDITIONS

1. DEFINITIONS
1.1 “Carer” means the person / persons who attend the session or any part of it, with the Child.
1.2 “Parent” means a parent or legal guardian who will be responsible for the payment of the Fees and who is the contracting party to this contract.
1.3 “Elite SF” means the company with whom you have entered into this agreement.
1.4 “Session” means the Elite SF Session described on the website.
1.5 “Enrolment Form” means the form relating to the enrolment or re-enrolment of the child on the session.
1.6 “Fee” means the monetary cost per session as specified on the enrolment form.
1.7 “Coach” means the individual(s), contracted or employed by Elite SF to teach the session.
1.8 “Premises” means the premises where the session takes place.
1.9 “Child” means the child attending the session, whose details are specified by the Parent or Carer on the Enrolment Form.
1.10 “Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Elite SF and the Parent.
1.11 “Make up session” refers to an extra session, granted in accordance to the Elite SF terms & conditions, in response to a session class being missed by the enrolled child.

2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 All agreements relating to the teaching of the session by Elite SF to the Child are subject to these Terms to the exclusion of all other terms and conditions.
2.2 No variation or addition to the Terms shall be binding unless agreed in writing by Elite SF and the Parent.
2.3 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.
2.4 The Parent and/or Carer agree to keep the content of the Elite SF session and the Elite SF Training Programme confidential and not to copy or use any aspect of Elite SF Programme directly or indirectly.

3. BOOKINGS, PAYMENTS AND MAKE UP CLASSES
3.1 During term sessions Elite SF will not accept children that have turned up without prior arrangement. A child is permitted to attend their first session for a one off fee (may vary dependent). If they wish to attend again they must make a booking for a set session period, which is done online and varies per class.
3.2 Participants must be pre-registered prior to the start date of the session and all bookings are taken on a first come first serve basis.
3.3 Bookings can be made via telephone or through our secure website only. Once a booking is received, confirmation and a receipt will be sent via email to the specified address. Elite SF are not liable for the delivery failure of any receipts sent to incorrect email addresses.
3.4 Elite SF does not issue refunds or credit notes under any circumstances.
3.5 A session is booked for a set session period, we grant you a fixed number of sessions at a time. On sign up you will be allocated your set number of sessions.
3.6 If your child misses a session they will not be entitled to any free sessions as a result, unless agreed otherwise by the coach.
3.7 Payment is taken on a singular, direct debit or subscription basis.
3.8 When you sign up you are signing up to a subscription model which automatically renews at the end of your session allocation, relevant to weekly sessions.

4. CANCELLATION
4.1 If there is an issue with the venue that is deemed to be out of Elite SF control then Elite SF can cancel a class and is not permitted to provide a refund. Elite SF will make every effort to contact all parents with the contact details we have available. However the parent/carer must ensure that we have the correct and up to date contact information for their child.
4.2 Elite SF will not be liable for any loss or damage that arises as a result of cancelling a class.
4.3 A session will renew automatically at the end of your booked period. If you wish to cancel or reschedule, you must do so via the website portal or by direct contact with the coach. We will not be liable to refund sessions that have not been cancelled with written notice or through the website account portal.

5. PARENT’S RESPONSIBILITY
5.1 The Parent warrants and represents that:

5.1.1 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 Elite SF of any change in such information immediately.
5.1.2 When attending the session, neither the child nor the Carer will be suffering from any illness, disease or anything similar thereto.
5.1.3 The Parent acknowledges and agrees that the Child shall be deemed to be under the direction, care and control of the Carer throughout the session and the Carer shall be responsible for the welfare and conduct of the Child throughout the session and whilst the Child is on the Premises. Premises are defined as “inside the walls of the Sports Hall” and within the playing area set out on the grass
5.1.4 The Parent shall indemnify and keep indemnified Elite SF against all loss (including loss of profit), liability, costs and expenses which Elite SF shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Child.

6. DISCIPLINE
6.1 In the event that Elite SF determines the behaviour of the Child and/or the Carer to be unacceptable, Elite SF shall be entitled to exclude the Child and the Carer (or either of them) from the session and Premises permanently or for such period as Elite SF shall (in its entire discretion) determine.
6.2 The standard of behaviour which is to be regarded as unacceptable at a or on Premises shall be determined by Elite SF.

7. EXCLUSION OF LIABILITY
7.1 Except in the case of fraud and subject to clause 7 below, Elite SF its coaches, servants, employees, contractors or agents accept no responsibility under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Parent, the Child or any other party arising directly or indirectly or in any way connected with the attendance of the Child at the session (or any part of it) or any other act or omission on the part of Elite SF or any of its coaches, servants, employees, contractors or agents even if such act or omission is negligent.
7.2 The Parent agrees (for and on behalf of the Parent and the Child) that any claim by the Parent or the Child against Elite SF or any coach, employee, contractor or agent of Elite SF must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be time barred.
7.3 The Parent acknowledges, warrants and undertakes (for and on behalf of the Parent and the Child) that the maximum aggregate liability of Elite SF to the Parent and/or Child under these terms shall not exceed the Fee.
7.4 All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of Elite SF, its coaches, servants, employees or agents or affects the statutory rights of the Parent or Child.

8. GENERAL
8.1 Any notices to be sent by either party to the other shall be sent by pre-paid recorded delivery or registered post 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 if sent by post and immediately if hand delivered. Elite SF do not accept service of documents by email or fax.
8.2 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.
8.3 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 of which is not contained herein shall be binding or form part of this Agreement.
8.4 This entire agreement shall be governed by English Law and shall fall under English jurisdiction.

9. MARKETING
9.1 Throughout sessions, Elite SF will take photographs and videos to be used for marketing purposes, player profiles, assessment of coaches and session plans. Unless Elite SF receive written instruction to avoid photography or videography of your child Elite SF will assume we have consent. Unless we receive written instructions we cannot and will not remove, replace or destroy any marketing collateral that we have used with your child visibly on them.

10. REFUND / CANCELATION POLICY
10.1 If there is an issue with the venue that is deemed to be out of Elite SF control then Elite SF can cancel a class and is not permitted to provide a refund. Elite SF will make every effort to contact all parents with the contact details we have available. However, the parent/carer must ensure that we have the correct and up to date contact information for their child.
10.2 Due to the nature of our business, no refunds or credit notes can be given, unless agreed by the coach. Please see point 3 (Bookings, Payments and Make up classes) above for more details.
10.3 Elite SF will not be liable for any loss or damage that arises as a result of cancelling a class.
10.4 To cancel your subscription with Elite SF, you must email 1 week before your session is due to expire. It is your responsibility to ensure we have your correct email address when we send reminders that your subscription is due for renewal

11. DATA PROTECTION
11.1 We take the privacy of our members seriously. This paragraph explains the ways in which we use your personal information. If you have any request about your personal information, please contact us on 07530 062988 or email jack@eliteskillsandfitness.

We will collect personal information from you through your free session or membership application form, a change of circumstances form, any information (including personal information) you provide on our website (eliteskillsandfitness.com) or our partners’ websites, or through your involvement with us, including information (including personal information) you provide for our other services (for example, personal training sessions), competitions, trials and challenges. The information we collect may relate to your child’s health or condition.

We can keep, for a reasonable time, copies of all documents and information you have provided as part of your membership application and as a member, even if we refuse your application for membership or if you or we end your membership for any reason.
We may give your personal information to our business partners, those who take over our business and suppliers we ask to provide services on our behalf which relate to these terms. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with our Privacy Policy and the General Data Protection Regulation (GDPR) 2016/679.