- Definitions
1.1 “Carer” means the person / persons who attend the course or any part of it, with the pupil.
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 “Kekoa Coaching” means the company whom you have entered into this agreement with.
1.4 “Course” means the Kekoa Coaching Course.
1.5 “Booking Form” means the form relating to the enrolment or re-enrolment of the pupil on the course.
1.6 “Fee” means the monetary cost per course.
1.7 “Coach” means the individual(s), contracted or employed by Kekoa Coaching to teach the course.
1.8 “Venue” means the venue where the course takes place.
1.9 “Child” means the child attending the course, whose details are specified by the Parent or Carer on the Booking Form.
1.10 “Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Kekoa Coaching and the Parent.
1.11 “Term” means the duration of the course.
- Acceptance of Terms and Conditions
2.1 All agreements relating to the teaching of the Course by Kekoa Coaching 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 Kekoa Coaching 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 Kekoa Coaching course and the Kekoa Coaching Programme confidential and not to copy or use any aspect of the Kekoa Coaching Programme directly or indirectly.
- Bookings, Payments and Make up classes
3.1 Kekoa Coaching will not accept children into classes that have not been booked into courses and classes in advance.
3.2 Participants must be pre-registered prior to the start date of the course and all bookings are taken on a first come first serve basis.
3.3 Bookings can be made through our secure website only. Once a booking is received, confirmation and a receipt will be sent via email to the specified address. Kekoa Coaching are not liable for the delivery failure of any receipts sent to incorrect email addresses.
3.4 Kekoa Coaching only accept debit or credit card payments. No cheques or cash will be accepted under any circumstance.
3.5 Kekoa Coaching does not issue refunds or credit notes except for special circumstances, which are out of our control.
- Cancellation
4.1 Kekoa Coaching may cancel this contract at any time before the Pupil commences the Course for any reason whatsoever. Kekoa Coaching shall not be liable for any loss or damage arising from such cancellation.
4.2 In the event of cancellation by Kekoa Coaching prior to the commencement of the Course by the Pupil, Kekoa Coaching may or may not refund any fees for outstanding classes.
- Parent’s Responsibility
5.1 The Parent warrants and represents that:
5.1.1 The information set out in the booking form (whether or not completed and/or signed by the Parent) is accurate in all respects and the Parent will notify Kekoa Coaching 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.
5.1.3 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.
5.1.4 The Parent shall indemnify and keep indemnified Kekoa Coaching against all loss (including loss of profit), liability, costs and expenses which Kekoa Coaching shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Pupil.
- Discipline
6.1 In the event that Kekoa Coaching determines the behaviour of the Pupil and/or the Carer to be unacceptable, Kekoa Coaching shall be entitled to exclude the Pupil and the Carer (or either of them) from the course and Premises permanently or for such period as Kekoa Coaching 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 Kekoa Coaching.
- Exclusion of Liability
7.1 Except in the case of fraud and subject to clause 7 below, Kekoa Coaching, 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 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 Kekoa Coaching 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 Kekoa Coaching or any coach, employee, contractor or agent of Kekoa Coaching 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 Kekoa Coaching 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 Kekoa Coaching, its coaches, servants, employees or agents or affects the statutory rights of the Parent or Child.
- 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. Kekoa Coaching 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.
