Nursery/Pre School Session -

Terms and Conditions

 

Definitions

 

  • "Staff" means the person or people who attends work at the establishment where we teach the children and are responsible for their welfare

  • "Session” means a ProTot Sports class as described on in the relevant information

  • "Coach" means the individual representing ProTot Sports Ltd. to teach sessions. (In normal circumstances one coach will consistently teach your session, however in times of holiday, sickness and/or other changes of circumstance, another coach may be assigned for a period of time or indefinitely)

  • "Charges" means the value chargeable for ProTot Sports Ltd. to deliver service to your establishment

  • "Parent" means a parent or legal guardian of the child or children

  • "Child/Children" means the child or children who are participating in ProTot Sports sessions

  • "Environment" means the premises and area where the classes take place

  • "ProTot Sports" means the ProTot Sports Limited Company, as named on the Joining Form and all other documents and outlets, the company with whom you have entered into this contract in respect of the provision of ProTot Sports sessions

  • "Terms & Conditions" means the terms and conditions set out in this document and any other special terms and conditions that may be agreed in writing by ProTot Sports and the customer

  • "Website" means the website at www.prototsports.co.uk

  • “Customer” is the Nursery, Pre-School or School that choose to use the service of ProTot Sports

 

Acceptance

 

All agreements and issues relating to the teaching of the sessions by ProTot Sports to the children and the on-going communication with the Coaches, Administration staff and ProTot Sports Head Office are subject to the Terms & Conditions to the exclusion of all others.

No variation or addition to the Terms & Conditions shall be binding unless agreed in writing by ProTot Sports and the customer.

These Terms & Conditions shall be deemed to be accepted by the customer once the box is ticked on the Joining Form and confirmation of session charges and start date and time have also been confirmed by signature of the customer.

ProTot Sports may cancel this contract at any time before the customer commences the programme, for any reason whatsoever. ProTot Sports shall not be responsible for any loss or damage whatsoever arising from such cancellation but will refund any payments if at all necessary.

 

Confidentiality

 

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

The Customer and/or Staff and/or Parent will not take, replicate or use any ProTot Sports material directly or indirectly for their own use, or for use by any third party.

The Customer and/or Staff and/or Parent agree not to directly or indirectly be involved or interested in any business which competes with ProTot Sports while they are engaged with is a with ProTot Sports and for a period of one year thereafter.

 

Customer Obligation

 

The Customer warrants that the information provided on the Joining Form is accurate and up to date in all respects at the point of joining. Any changes that may be relevant or necessary will be sent by the Customer to ProTot Sports immediately.

It is the Customers responsibility to inform ProTot Sports of any special medical conditions or behavioural disorders that any of the children may have.

The Customer must ensure that no children will attend any session whilst suffering from any serious illness or contagious disease, or anything similar thereto.

During all sessions the Customer accepts the sole responsibility, general conduct and care for the children during the session and whilst ProTot Sports are on the premises to deliver their service.

ProTot Sports does not allow the Customer and or Staff to leave the children for any amount of time before, during or after a session.

ProTot Sports shall have the sole right to exclude any child or children either permanently or for such period as ProTot Sports shall (in its entire discretion) determine, if deemed necessary, for the safety and well being of other children.

 

Limitation of liability

 

The Customer agrees that any claim made against ProTot Sports 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.

The maximum aggregate liability for ProTot Sports to the Customer will not exceed the Fees.

Neither ProTot Sports nor any Coach, Coaching Assistant, Employee, or other representative accepts responsibility in respect of loss, damage or expense incurred by any children and/or staff and/or parent arising directly or indirectly, during the attendance and delivery of ProTot Sports sessions or any other act or omission on the part of ProTot Sports, its Coaches, Coaching Assistants, Employees and/or representatives.

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, Coaching Assistants, Employees, and/or representatives, or affects the statutory rights of the Customer, Staff, or Parent.

 

Fees & Payment

 

The Customer shall pay monthly to ProTot Sports Ltd. Invoices will be dispatched on the final day of each calendar month and will include all sessions delivered during the month that has just completed. The Customer will have 14 days Payment Period from the date of issue to complete payment. (Charges may be incurred for late payments)

The Fees are not refundable in any circumstances whatsoever, other than with the written consent of ProTot Sports.

 

Cancellations

 

It is the Customers obligation that in the event of cancellations or necessary termination or freezing of ProTot Sports sessions (entirely), they will give notice of 1 calendar month. This notice must be given in writing to ProTot Sports.

In the event that a session is to be cancelled as a one off, 24 hours notice (minimum) will be required to avoid standard charging. However, if we are able to reschedule the session for another convenient time that week, this charge will not apply. 

 

General

 

By agreeing to these terms and conditions the Customer consents that the data provided (non-financial) can be shared within the ProTot Sports Limited Company.

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

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 of such obligations.

These terms and conditions constitute the entire agreement between the parties hereto and supersede understandings and prior agreements between the parties.

This contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts.