Youngstars Ltd - Terms and Conditions.
1. Definitions
1.1 "Carer" means the person / persons who attends 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 "Youngstars" means the company with whom you have entered into this agreement.
1.4 "Session/s" means the Youngstars course described above.
1.5 "Enrolment Form" means the form relating to the enrolment or reenrolment of the pupil onto the session/s.
1.6 "Fee" means the monetary cost per session/s as specified on the enrolment form.
1.7 "Coach" means the individual(s), employed by Youngstars to teach the Course. Whilst every effort will be taken to maintain the consistency of the Coaches during the session/s,Youngstars unreservedly retain the right to change the coaching staff where necessary.
1.8 "Premises" means the venue where the session/s takes place.
1.9 "Pupil" means the child attending the course, whose details are specified by the Parent or Carer on the Enrolment Form.
1.10 "Terms" means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Youngstars and the parent.
2. Acceptance of Terms and Conditions
2.1 All agreements relating to the teaching of the Course by "Youngstars" 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 Youngstars 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 Youngstars Course and the Youngstars Training Programme confidential and not to copy or use any aspect of the Youngstars Programme directly or indirectly.
3. Fee & Payment
3.1 The Parent shall pay the whole Fee to Youngstars prior to the Pupil commencing the Activities Course.
3.2 The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of Youngstars.
4. Cancellation
4.1 Youngstars may cancel this contract at any time before the Pupil commences the Course for any reason whatsoever. Youngstars shall not be liable for any loss or damage whatsoever arising from such cancellation.
4.2 In the event of cancellation by Youngstars prior to the commencement of the Course by the Pupil, Youngstars will refund any fees for outstanding sessions.
5. Parent's Responsibility
5.1 The Parent warrants and represents that:
5.1.1 The information set out in the enrolment Form (whether or not completed and/or signed by the Parent) is accurate in all respects and the Parent will notify Youngstars of any change in such information immediately.
5.1.2 When attending the session, neither the Pupil nor the Carer will be suffering from any illness, infectious disease or anything similar thereto.
5.2 The Parent shall indemnify and keep indemnified Youngstars against all loss (including loss of profit), liability, costs and expenses which Youngstars shall incur directly or indirectly as a consequence of any action or in action of the Parent, the Carer or the Pupil.
6. Discipline
6.1 In the event that Youngstars determines the behaviour of the Pupil and/or the Carer to be unacceptable, Youngstars shall be entitled to exclude the Pupil and the Carer (or either of them) from Session and Premises permanently or for such period as Youngstars shall (in its entire discretion) determine.
6.2 The standard of behaviour which is to be regarded as unacceptable at a session or on Premises shall be determined by Youngstars.
7. Exclusion of Liability
7.1 Youngstars, 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 session (or any part of it) or any other act or omission on the part of Youngstars 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 Youngstars or any coach, employee or agent of Youngstars 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 Youngstars 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 Youngstars, its coaches, servants, employees or agents or affects the statutory rights of the Parent or Pupil.
8. Photgraphy
Youngstars will from time to time take photographs of the Pupils during the activities, these photos will be available to purchase as momentos. Youngstars will notify the Carer prior to the commencement of a session if photo graphs maybe taken and it is the carer's responsibility to let Youngstars know if they do not wish their pupils photograph to be taken. All unwanted images will be deleted.
9. General
8.1 Youngstars accepts email as recorded communication, providing the message forms part of an acknowledged thread.
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 and 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.
