WEEKEND ProTot Sports Terms and Conditions

1. Definitions
 

1.1

"Carer" means the person / persons who attend the course or any part of it, with the child.

 

1.2

"Coach" means the individual(s), employed by ProTot Sports to teach the session. Whilst every effort will be taken to maintain the consistency of the Coaches, ProTot Sports unreservedly retain the right to change the coaching staff where necessary.

 

1.3

"Session" means the ProTot Sports session you are attending or enrolling on.

 

1.4 

"Booking Form" means the online form relating to the enrolment of the child for ProTot Sports sessions by the Parent/Carer.

 

1.5

"Fee" means the monetary cost per course as specified on the booking form.

 

1.6

"ProTot Sports" means the company or person with whom you have entered into this agreement; the title "ProTot Sports" where used in this document refers to the Limited Company delivering the sessions you are attending or enrolling on.

 

1.7

“New Customers” refers to children of Parents /Carers who are attending a Weekend ProTot Sports session for the first time.

 

1.8

"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.
 

1.9

"Premises" means the venue where the Course takes place.
 

1.10

"Child" means the child attending the sessions, whose details are specified by the Parent/Carer on the Booking Form.
 

1.11

“Terms" means the terms and conditions set out in this document and any special terms and conditions agreed in writing by ProTot Sports and the parent.
 

1.12

”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails as well as hard copy correspondence.

 

2. Acceptance of Terms and Conditions

2.1 

Please read these terms carefully before you book our sessions. These terms tell you who we are, how we will provide classes to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. 

2.2

All those wishing to attend a ProTot Sports sessions must agree to the terms and conditions set out below. 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.

2.3

These are the Terms on which we provide ProTot Sports sessions to you. No variation or addition to the Terms shall be binding unless agreed in writing by ProTot Sports and the Parent.

2.4

All agreements relating to the teaching of the sessions by ProTot Sports to the child are subject to these terms to the exclusion of all other terms and conditions.

2.5

In the unlikely event of a customer failing to abide by these terms and conditions, a customer may be requested to discontinue with ProTot Sports. In this instance ProTot Sports will be under no obligation to provide a refund for any outstanding lessons. 

2.6

The Parent and/or Carer agrees to keep the content of the ProTot Sports sessions confidential and not to copy or use any aspect of the ProTot Sports sessions directly or indirectly. The Parent and/or Carer agrees not to directly or indirectly manage, operate or assist in the organisation of any business which competes with ProTot Sports while the child is a member of ProTot Sports and for a period of two years afterwards.


 

3. Information about Head Office and how to contact us                                         

3.1 

ProTot Sports Ltd is a company registered in England, number 09953752. Our registered office is 25 Ridgeway, Haywards Heath, West Sussex RH17 7FZ.
 

3.2 

For specific questions about your ProTot Sports sessions, please contact your local provider directly. To contact ProTot Sports Ltd please email info@prototsports.co.uk or call 01444 450187.

 

3.3 

If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us upon booking your session. 


 

4. Booking, Payment & Cancellation 

4.1 Booking a class 

4.1.1 

You can make a session booking online at www.prototsports.co.uk 

4.1.2 

You must provide us with specific personal information in order to book sessions with us. Full details of the information we collect can be found in our Data Privacy Policy here https://www.prototsports.co.uk/privacy-policy

4.1.3

During the booking process, you will be asked to read and agree to our 'Terms' (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 Course and other information about the programme.  

4.1.4 

All class timetables are correct at time of publishing. If your class time/location changes, ProTot Sports will contact you. 

4.2 Payment 

4.2.1 

Lessons are paid for monthly in advance and must be paid in full prior to the child commencing the sessions. Your initial payment will be made at the time of booking your sessions and includes your ProTot Sports membership. Subsequent monthly payments will be taken automatically on the same date as your first payment (i.e. if you signed up on the 15th this would then become your future monthly billing date). At the time of your eventual final payment date, you will be able to participate in sessions up to the same date, the following month. Your monthly fee will be based on your current class fee.

 

4.2.2 

You hereby authorise ProTot Sports to take automatic monthly payments on the basis described in 4.2.1 above (“Continuous Payment Authority”) until such time as you give us 1 month 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 ProTot Sports. 

 

4.2.3

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 ProTot Sports will then be required to retain your space in the class. You will be responsible for any fees or penalties that ProTot Sports incurs as a result of a failed payment. 

4.2.4

The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of ProTot Sports, unless the child has attended their first session and given notice (in writing) that they will not be continuing to attend classes within 24 hours of attending the first class, in which case the initial course fee paid, will be refunded in full within 30 days.
 

4.2.5

If classes are cancelled as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, etc), strikes, terrorist activity, or where local authorities/public guidance advise that classes should be temporarily suspended for health or other reasons, then no refunds nor credits shall be given.
 

4.2.6

If your class fee changes you will be notified of your revised payment schedule by ProTot Sports. 

4.2.7

ProTot Sports Parties are run separately from our regular Weekend ProTot Sport sessions. Payment for these will be taken separately from your automatic monthly payments and will not affect your regular payment due dates.

 

4.2.8

When paying online, we will accept: 


Visa Credit
Visa Debit
MasterCard Credit
MasterCard Debit
Visa Electron

 

 

5. Cancellation by ProTot Sports
 

5.1

ProTot Sports may cancel this contract at any time before the child commences the sessions. ProTot Sports shall not be liable for any loss or damage whatsoever arising from such cancellation.
 

5.2

In the unlikely event of ‘last minute’ lesson changes or a lesson cancellation by us, ProTot Sports will notify you with as much notice as possible. ProTot Sports will not reimburse any expenses incurred by a customer failing to pick up this notification. 

5.3 

If a lesson is cancelled by ProTot Sports, we will offer you a credit for the value of the cancelled lesson (worked out as £25 per month x 12 months, divided by 52 weeks = £5.77), which will be refunded by ProTot Sports, or credited to your account, upon your request.

5.4 

Should you decide to leave before the credit has been used we will refund the credit to you. 

5.5

If insufficient children are booked onto your session, we reserve the right to cancel it. In this instance we will offer you either an alternative class to attend or a refund will be given for any remaining sessions after the cancellation. 

5.6

In the event of cancellation by ProTot Sports prior to the commencement of the sessions by the child, ProTot Sports will refund any fees for outstanding classes within 30 days.
 

5.7

The Parent understands that sessions are ongoing and to be used consecutively. No credits or refunds will be issued for missed classes (see Clause 6).

5.8

The Dolphin Leisure Centre will on occasion require the entire venue during the weekend. We have been informed that this will be very rare and we will have plenty of notice, to relay cancellation of a session to our customers. If/when this situation arises, a pro-rata session fee (as described in 5.3) will be credited to your next payment after the date of the cancelled session.  
 

5.9

During the Christmas period, 1 or 2 (maximum) sessions will not run due to the Christmas shutdown and potential of sessions falling on Back Holidays (Christmas Day/Boxing Day/New Years Day).

The session or sessions that will not run during this holiday period will be confirmed to all parents prior to the time. Refunds are not issued for this/these particular session/sessions as they are already factored into the overall cost of subscription.

 

6. Attendance

6.1 

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 24 hour’s notice by emailing or telephoning ProTot Sports. 

6.2

If, having let us know you are unable to attend a particular session, your circumstances change and you are, in fact, able to attend the session, please let ProTot Sports know.

 

6.3 

If you are unable to attend your session you may choose send another child in their place for that session. Please contact ProTot Sports for more details. The child must be the correct age to attend the customer’s session.


 

7. Cancellation by the Parent / Carer 

7.1. 

The cancellation rights generally available to consumers in accordance with their statutory rights do not apply to the classes provided by us.

7.2

For new customers our customer guarantee is that you will love the Weekend ProTot Sports sessions, however if for any reason you attend your first session and decide that it is not for you, we will offer you a full refund 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 of your initial payment.

7.3 

Existing customers who want to cancel their course can do so by contacting ProTot Sports, in writing, and giving one month’s notice. ProTot Sports will confirm the date of the customer’s final class 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 ProTot Sports cancels a session (see clause 5).

 

 

8. Parent/Carer Responsibility
 

8.1

The Parent/Carer warrants and represents that;
 

8.1.1

The information set out in the Booking Form (whether or not completed and/or signed by the Parent/Carer) is accurate in all respects and they will notify ProTot Sports of any change in such information immediately.
 

8.1.2

When attending the Course, neither the child nor the Parent/Carer will be suffering from any contagious illness, disease, injury or anything similar thereto. 

8.1.3 

It is the customer’s responsibility to inform ProTot Sports of any condition that could affect their own* or their child’s capabilities during sessions. You must agree to inform us of any changes, as soon as you become aware of them. This can be updated by contacting ProTot Sports. All information provided to us will be treated as strictly confidential. 

*ProTot Sports sessions do not require, but like to encourage parent participation. 

 

8.1.4

The Parent/ Carer 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*. 

 

*Except during classes where the child is NOT accompanied by the Parent (older age groups – still tbc) and for these classes the Parent must inform ProTot Sports prior to the session of any concerns they have. 

 

8.1.5

The Parent shall indemnify and keep indemnified ProTot Sports against all loss (including loss of profit), liability, costs and expenses which ProTot Sports shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the child. 

 

8.1.6

Customers are expected to behave in a civilised and respectful manner at all times towards the Coaches, other customers and any members of the public who are on the premises. In the event that ProTot Sports determines the behaviour of the child and/or the parent/carer to be unacceptable, ProTot Sports is entitled to exclude the child and the Parent/Carer (or either of them) from the session and premises permanently or for such period as ProTot Sports shall (in its entire discretion) determine.
 

8.1.7

The standard of behaviour which is to be regarded as unacceptable at a session or on the premises shall be determined by ProTot Sports.

8.1.8

The Parent/Carer is allowed to bring siblings of the child onto the premises to view the session only (unless the sibling enrols 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. 

8.1.9

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. 

8.2. Session Rules

 

8.2.1

For Health and Safety purposes please supervise your child(ren) around the premises/venue prior to your session start time. 

 

8.2.2

Please remember that you are the responsible adult for your child when he/she is attending a ProTot Sports session*. Responsible adults should stay within easy sight and reach of their child at all times. 

 

*At some indoor venues the sessions are more successful when the parents sit outside the room with siblings/buggies etc. during the course of the session. We accommodate this in certain venues but to fulfil our insurance obligations and keep the session safe for everyone we must maintain Ofsted Ratios of 1:4 for children under 3 years and 1:8 for children aged 3 years and over. Parents must not leave the area outside the room and must be made aware that they remain responsible adults for their child/ children at all times.

 

8.2.3

Please help us start and finish sessions on time by arriving promptly for your session. Please let the coaching team know if you have to leave the session early for any reason; this is for emergency evacuation purposes.

 

8.2.4

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 insurance if they cause or are involved in an accident (see Clause 8.1.8)

 

8.2.5

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 2 minute ‘time-out and calm down’ as may be requested by the Coach at any time during the session, if ever necessary.

 

8.2.6

Parents/carers should provide water but no food must be eaten on the session floor to avoid the hazard of choking.

 

8.2.7

Parents/carers should take all litter home with them following sessions. 

 

8.2.8

To comply with our ‘Safeguarding & Child Protection Policy’ and best practice, we request that Parents/Carers DO NOT take photographs or videos at ProTot Sports sessions. Whilst our coaches will do their best to enforce a total ban on the use of photographic/film or video equipment by P1arents/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 ProTot Sports may organise session photo shoots, but only where all parental consents have been obtained.

 

8.2.9

Please try to keep noise and disturbance from the sidelines to a minimum to avoid distracting your child and others.

 

8.2.10

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 (ProTot Sports will notify you if a session takes place outdoors). 

 

8.2.11 

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 booking forms will be accepted at the class. Please call ProTot Sports to discuss the matter with our team.
 

 

9. Complaint’s Procedure

9.1

We hope you will be delighted with our service but if you are at all unhappy please follow our complaints procedure: 

9.1.1

Speak to the Coach, or telephone ProTot Sports, who will try to resolve the matter to your satisfaction. 
 

9.1.2

If the response is not satisfactory, please send your complaint in writing to ProTot Sports. 

 

10. Website & Social Media Information

10.1 

The material made available on this site, including materials in linked sites directly or indirectly accessible from this site, are provided ‘as is’, with no warranty of any kind, express or implied, including those of merchantability and fitness for a particular purpose. Any reference to linked sites or to third party companies, products or services by name does not constitute or infer its endorsement by ProTot Sports. ProTotSports has used all reasonable endeavours to ensure that information provided through this website is accurate at the time of inclusion, however it accepts no liability for any inaccuracies, errors or omissions in the site. The information available on the site may be incomplete, out of date or inaccurate. ProTot Sports reserves the right at any time and without prior notice to make changes and corrections to the material on the site. ProTot Sports accepts no liability for any loss or damage of whatsoever nature caused by the use or the inability to use the materials available in this site or any linked site. ProTot Sports has taken all reasonable steps to ensure that the Intellectual Property of third parties is not infringed. If however, you genuinely believe that the material on this site infringes any Intellectual Property rights, please contact ProTot Sports directly. All images displayed on this website are under the ownership of the photographer concerned. Agreement to display the photographs has been reached and they are not available to be copied.
 

 

11.  Exclusion of Liability
 

11.1

Except in the case of fraud and subject to clause 7 below, ProTot Sports, its coaches,  or employees accept no responsibility under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Parent/Carer, 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 ProTot Sports or any of its coaches, employees or agents even if such act or omission is negligent.
 

11.2

The Parent/Carer agrees (for and on behalf of the parent and the child) that any claim by them or the child against ProTot Sports or any coach or employee of ProTot Sports must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be time-barred.
 

11.3

The Parent/Carer acknowledges, warrants and undertakes (for and on behalf of themselves and the child) that the maximum aggregate liability of ProTot Sports to the parent and/or child under these terms shall not exceed the Fee.
 

11.4

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 ProTot Sports, its coaches, servants, employees or agents or affects the statutory rights of the parent or child.

 

12. General

12.1

ProTot Sports accepts the service of documents via email and any notices to be sent by either party to the other shall be sent in writing. 

 

12.2

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.
 

12.3

The Parent/ Carer acknowledges, has read and understood the ProTot Sports Data Privacy Policy found here: https://www.prototsports.co.uk/privacy-policy.A copy of the ProTot Sports Safeguarding Policy is available from ProTot Sports. 

 

12.4

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. 

12.5 

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. 

12.6 

Nobody else has any rights under this contract. This contract is between you and ProTot Sports. No other person shall have any rights to enforce any of its terms. 

12.7

If a court finds part of this contract illegal, the rest will continue in force. 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. 

12.8 

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. 

12.9

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.

12.10

The safety and wellbeing of your child or the child in your care is of the upmost importance to ProTot Sports. We have a responsibility to report any inappropriate or suspicious behaviour to the relevant authorities. 

12.11

Whilst we will try to ensure you always have the same Coach in a particular class, we cannot guarantee this as coaches may fall ill, leave or cancel for personal reasons. On occasion we may also need to have a new coach join or lead your session in order to complete their teacher training or assessments. This will in no way affect the quality of your lesson.

12.12

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.

12.13

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. Previous versions of our Terms and Conditions can be requested from info@prototsports.co.uk
 

12.14

This entire agreement shall be governed by English Law and shall fall under English jurisdiction.

 

13. Ages Clarification

 

As of January 2022

 

Current sessions are delivered for 3&4 year old, 4&5 year old and 5&6 year old children (in groups). This does not mean the ages of the children per session are strictly between 3-4, 4-5 and 5-6 years old, although in most circumstances the age range of the children in each class will be very similar.

 

For example, children slightly under 3 and also over the age of 4 (but not 5) may be placed in the 3&4yrs group, children in their early 4’s (but not 3) and mid 5’s may be allocated a place in the 4&5yrs group, whilst children in their mid 5’s up to late 6’s may be in the 5&6yrs group (generally).

 

This flexibility across our classes allows children with differing physical, technical and emotional age levels, to develop and progress at the right time for them.

 

Your qualified and experienced coach will monitor each individual’s progress and decide when the time is appropriate for them to be moved into the older session. They will communicate this with parents directly.

 

Under normal circumstances we suggest that once your child turns 7, they will probably have ‘outgrown’ these current sessions, but please discuss this with your coach to clarify.