Terms & Conditions
1. Definitions
1.1 “Carer” means the person / persons who attend the course or any part of it, with the pupil
1.2 “Course” means the Green Wave Sports Sports Course described overleaf
1.3 “Coach” means the individual(s), employed by Green Wave Sports to teach the Course. Whilst every effort will be taken to maintain the consistency of the Coaches during the Course, Green Wave Sports unreservedly retain the right to change the coaching staff where necessary.
1.4 “Enrolment Form” means the form relating to the enrolment and reenrolment of the pupil on the course
1.5 “Fee” means the amount paid for the course.
1.6 “Green Wave Sports” means the Green Wave Sports, the company or person with whom you have entered into this agreement
1.7 “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
1.7 “Premises” means the premises where the Green Wave Sports class takes place which may be indoors or outdoors
1.8 “Pupil” means the child attending the course, details of whom are set out in the Enrolment Form
1.9 “Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Green Wave Sports and the parent.
The title “Green Wave Sports” where used in this document refers to Green Wave Sports and no other entity in the Green Wave Sports Group
2. Acceptance of Terms and Conditions.
2.1 All agreements relating to the teaching of the Course by Green Wave Sports to the Pupil 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 Green Wave Sports 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 agrees to keep the content of the Green Wave Sports Course and the Green Wave Sports Training Programme confidential and not to copy or use any aspect of the Green Wave Sports Programme 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 Green Wave Sports while the Pupil is a member of Green Wave Sports and for a period of two years afterwards.
3. Fee and Payment.
3.1 The Parent shall pay the whole Fee to Green Wave Sports prior to the Pupil commencing the Sports Course.
3.2 The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of Green Wave Sports.
4. Cancellation.
4.1 Green Wave Sports may cancel this contract at any time before the Pupil commences the Course for any reason whatsoever. Green Wave Sports shall not be liable for any loss or damage whatsoever arising from such cancellation.
4.2 In the event of cancellation by Green Wave Sports prior to the commencement of the Course by the Pupil, Green Wave Sports will refund any fees for outstanding classes.
4.3 Where classes are run outdoors, classes will operate in moderate weather conditions at the coaches’ discretion. Classes will be rolled over if cancelled as a result of poor weather.
5. Parent’s Responsibility.
5.1 The Parent warrants and represents that:
5.1.1 The information set out in the registration process (whether or not completed and/or signed by the Parent) is accurate in all respects and the Parent will notify Green Wave Sports of any change in such information immediately.
5.1.2 When attending the Course, neither the Pupil nor the Carer will be suffering from any illness, disease or anything similar thereto.
5.2 The Parent acknowledges and agrees that the Pupil shall be deemed to be under the direction, care and control of the Carer throughout the Course and the Carer shall be responsible for the welfare and conduct of the Pupil throughout the Course and whilst the Pupil is on the Premises.
5.3 The Parent shall indemnify and keep indemnified Green Wave Sports against all loss (including loss of profit), liability, costs and expenses which Green Wave Sports shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Pupil.
6. Discipline.
6.1 In the event that Green Wave Sports determines the behaviour of the Pupil and/or the Carer to be unacceptable, Green Wave Sports shall be entitled to exclude the Pupil and the Carer (or either of them) from Course and Premises permanently or for such period as Green Wave Sports shall (in its entire discretion) determine.
6.2 The standard of behaviour which is to be regarded as unacceptable at a Course or on Premises shall be determined by Green Wave Sports.
7. Exclusion of Liability
7.1 Except in the case of fraud and subject to clause 7 below, Green Wave Sports, its coaches, servants, employees 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 Pupil or any other party arising directly or indirectly or in any way connected with the attendance of the Pupil at the Course (or any part of it) or any other act or omission on the part of Green Wave Sports or any of its coaches, employees or agents even if such act or omission is negligent.
7.2 The Parent agrees (for and on behalf of the Parent and the Pupil) that any claim by the Parent or the Pupil against Green Wave Sports or any coach, employee or agent of Green Wave Sports 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 Pupil) that the maximum aggregate liability of Green Wave Sports to the Parent and/or Pupil 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 Green Wave Sports, its coaches, servants, employees or agents or affects the statutory rights of the Parent or Pupil.
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. Green Wave Sports 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 The Parent, in agreeing to the terms of this contract, consents to the data overleaf being shared with other companies in the Green Wave Sports Group.
8.4 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 no contained herein shall be binding or form part of this Agreement.
8.5 This entire agreement shall be governed by British Law and shall fall under British jurisdiction.