Terms & Conditions

1. Introduction

1.1 References to “we / us / our” in this document are to whichever company in The Bears Coaching is shown as the service provider on the relevant classes page on our website. This is the company with which you are entering this contract. (If no service provider information is shown, then your contract is with The Bears Coaching, whose company information is at the end of this document.)

1.2 Please read these terms and conditions carefully. They replace any previous versions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.

1.3 The following definitions apply in this document:

a) “Consumer” means an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

b) “Classes” means our Holiday Camp Class, Academy Class, Community Class, Private Individual or Group Class, and any other classes or similar services.

c) “Events” means our services relating to parties or other events.

d) “Participant” means anyone who books to attend any of our Classes or similar services.

e) “Services” means all of our services: Class and Events.

1.4 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Any new booking after the effective date will be subject to the new terms.

2. Contracting with us

2.1 Unless we say otherwise, these terms and conditions apply to all our Services.

2.2 You promise that:

a) all information provided with your booking is correct;

b) you are the parent / guardian / carer of all Participants (unless we specifically allow you to book for others – see below);

c) you will inform us of any relevant health conditions of Participants; and

d) you and Participants will comply with these terms and conditions and all relevant FAQs, guidance and other requirements on our website.

2.3 It is entirely up to us whether to accept or reject any particular booking.

2.4 Once we have accepted your booking, it cannot be transferred, resold, exchanged or otherwise used by persons who were not named in the original booking. See below regarding cancellations or changes to the booking.

3. Payment

3.1 Our fees for the Services are as stated on our website or as we otherwise tell you. Unless we say otherwise, payment must be made in advance by whatever method we specify for that particular Service.

3.2 The prices shown on our website include VAT.

3.3 If we have mis-priced any part of our Service, we are not obliged to supply or continue to supply the Service provided we notify you. If we do notify you, then you can decide if you want continue with the Service at the correct price. If not, we will refund your payment less fees relating to any Services already supplied at the fee we had previously quoted to you.

3.4 You must contact us immediately with full details if you dispute any payment.

3.5 If we agree to make a refund, we will aim to so within 28 days by whichever means of payment we think appropriate.

3.6 We can suspend or end the relevant Service without refund if any payment is overdue.

4. Automatic rebooking for Term Classes

4.1 If we say so when you pay, and so as to give priority to existing customers, on the re-booking date you will be automatically re-booked onto the same or a similar Class for the next term. The re-booking date will be around the end of the current term. We will email you in advance to confirm the exact re-booking date and the details and cost of the next Class.

4.2 However, you will not automatically re-booked onto the next term’s Class if:

a) you tell us by email at least seven days before the re-booking date that you don’t wish to automatically re-book for the next class or any future classes;

b) the number of automatic bookings exceeds the maximum Class size.

5. Discount codes

5.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

5.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

6. Cancellations and changes

 All Services

6.1 You have no right to cancel or change any booking except insofar as we specifically allow you to do so in these terms and conditions – see below.

6.2 There are no 14-day legal cancellation (“cooling off”) rights for Consumers because our Services are related to leisure activities which take place on specified dates or over specified periods.

6.3 We are entitled without giving a refund to suspend the Services including suspension or cancellation of any individual Course session or Event if:

a) acting reasonably, we consider that you have breached any of your relevant obligations in this agreement; or

b) acting reasonably, we consider it is necessary to do so in order to protect the safety of our staff, participants or third parties or to comply with applicable laws, regulations or codes of conduct

Courses

6.4 There are no refunds (including credit notes) for late arrivals or missed sessions.

6.5 However, if you miss sessions in Private Group Classes or Term Classes, you may be entitled to up to a certain number of free sessions on equivalent Classes.

6.6 If you cancel your booking due to unforeseen circumstances which reasonably prevent the Participant from attending the relevant Class, for example illness or accident. We are entitled to ask for proof such as a doctor’s note.

6.7 We are entitled to cancel, reschedule, move or otherwise change sessions for any reason. If we do so, and the Participant cannot attend the changed session(s), then you are entitled at your option:

a) for each changed / cancelled session to book a free Make Up Class for the Participant on an equivalent Course (subject to the conditions explained above);or

b) to a 80% credit note (20% will be kept back for business overheads still payable by The Bears Coaching) towards the cost of the Participant attending any of our Classes. See below for the conditions that apply to credit notes.

Events

6.8 You can cancel an Event by emailing us in which case the following cancellation policy applies:

a) If you cancel eight weeks or more before the Event date, there will be a full refund less our planning fee (£50 unless otherwise stated on our site) and less any fees for extras which we have already incurred.

b) If you cancel between 32 days and eight weeks before the Event date, we will issue a credit note for the amount of the contracted fee towards the cost of any new Event. See below for the conditions that apply to credit notes.

c) If you cancel within 31 days of the Event date, there will be no refund / credit note.

6.9 We are entitled to suspend or cancel an Event at any time if we think there are safety grounds to do so, for example very severe weather conditions such as lightning, high winds or flooding, or in case of misbehaviour by attendees or others present. If so, there will be no refund but we may in our discretion agree to reschedule the Event at a reduced or no fee. You acknowledge that we are an all-weather company and will not cancel an Event merely because of rain or other inclement weather. It is your responsibility to book an indoor venue as a back-up if weather is a concern.

Credit notes

6.10 Any credit notes that we issue can only be applied to Courses / Events (whichever is relevant) which must be booked and take place within 12 months from the date of issue (or any alternative period stated on our website at the time of your booking). There may still be a difference for you to pay, for example if our fees have increased in the meantime.

7. Applicable to Classes only

7.1 You promise that Participants will:

a) behave in a reasonable and non-disruptive way; and

b) comply with our reasonable requests and with any rules of the venue operator which they are told about.

If not, or if we otherwise think it necessary to protect us or others we are entitled to suspend or expel them without refund.

7.2 We may offer you a “taster class” for certain courses. If so, there is no fee payable for this one session. The regular fees will be applicable thereafter.

8. Applicable to Events only

8.1 Quotes are valid for 14 days.

8.2 We do not guarantee that we will hold any provisional Event date open for any period of time.

8.3 We can cancel your booking by email notice if our fee is not paid in full within seven days of your booking (or sooner if we specify at the time of booking).

8.4 Unless we say otherwise when you book, we provide one members of staff for up to 20 children. If you wish to increase the number of children, you must give us at least 10 days’ notice by email and promptly pay our additional fees for providing additional staff. If the number of children present on the day are more than we contracted for, the Event cannot go ahead and we are entitled to immediately terminate our Service without refund.

8.5 Our fee is based on the specifications we provide at the time of booking including number of hours and materials to be supplied (e.g. medals). If you request extras such as additional hours or materials, we are entitled to decline. If we accept, you agree to immediately pay our additional fees for the extras at our standard rates.

8.6 You promise that all attending the Event and others present will:

a) behave in a reasonable and non-disruptive way; and

b) comply with our reasonable requests and (if applicable) with any rules of the venue operator which they are told about.

9. Where you provide the venue or materials

9.1 If you provide or arrange the venue for the Services, you promise us that it will be a reasonably safe and suitable environment for us to provide the Services, that you will hold and maintain appropriate insurance in place which is adequate to protect our staff against injury or loss and that you will provide or arrange for us to be provided with reasonable co-operation to enable us to supply our Service.

9.2 if you provide any materials for us to use for the Services, you promise that they will be reasonably safe and suitable for their intended purpose.

10. Liability

10.1 We promise to provide our Services with reasonable skill and care.

10.2 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

10.3 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

a) there is no breach of a legal duty owed to you by us or by any of our employees or agents;

b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

c) such loss or damage is caused by you, for example by not complying with this agreement; or

d) such loss or damage relates to a business of yours.

10.4 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Services (subject of course to our obligation to mitigate any losses).

10.5 The following clauses apply only if you are not a Consumer:

a) Our liability of any kind (including our own negligence) with respect to our Services for any one event or series of related events is limited to the amount of the total fees for the Services paid or payable by you under this agreement.

b) In no event (including our own negligence) will we be liable for any:

i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

ii) loss of goodwill or reputation;

iii) special, indirect or consequential losses; or

iv) damage to or loss of data

(even if we have been advised of the possibility of such losses).

c) You shall indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement (except to the extent that we are at fault). You shall have the sole right to control the defence and settlement of any such claim save that you shall consult with us prior to any settlement. We agree to provide reasonable assistance to you at your expense in the defence of same.

d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

e) This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

11. Privacy

11.1 You acknowledge and agree that we may process your personal data and that of Participants in accordance with the terms of our privacy policy which is subject to change from time to time.

11.2 If you are booking for other children (where permitted), you promise that the parent / guardian of each child has agreed in writing to our processing of their personal data in accordance with our privacy policy.

12. Events outside our control

12.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control.

13. Transfer

 13.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

14. English law

14.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is maxward@thebearscoaching.co.uk

15. General

15.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

16. Complaints

16.1 If you have any complaints, please contact us via the contact details shown on our site.

17. Company Information (applicable only where your contract is with The Bears Coaching)

17.1 Company name: The Bears Coaching

17.2 Registered office and trading address: Elm Lodge, Moorehouses, New Bolingbroke, Boston PE22 7JJ

17.3 Other contact information: See our website.