Terms & Conditions
FIRST KICK CIC TERMS & CONDITIONS
1. INTERPRETATION
1.1 Definitions.
In these Conditions, the following definitions apply:
"Advertising
Channels” all methods of advertising and social media used by FKF.
"Agreement”
or
“Contract” all clauses contained within this contract.
“Carer” or
“Guardian” person who attends the course or any part of it, with the pupil.
“Coach” individual(s) employed by the Company to deliver any and all parts of the course.
“Code of
Conduct” or
“Session Rules” set of understood regulations that the Parent and Pupil agree to follow upon enrolment.
“Company” First Kick CIC delivering the course and the party entering into the contract with the Parent.
“Continuous
Payment
Authority” Authority for FKCIC to take recurring Fee’s from a payment card.
“Course” the First Kick CIC coaching sessions you are attending or enrolling on.
“Enrolment
Form” form completed by the Parent upon enrolment of the Pupil on the course.
“Fee” monetary cost for the course as specified on the Enrolment Form.
“First Kick
Football or
FKF or FK” a trading name of the company or person with whom you have entered into this agreement: the title “FKF or First Kick Football or First Kick” where used in this document refers to a trading name of First Kick CIC who are running the course you are attending or enrolling on.
“Membership
Fee” monetary cost to cover admission onto the course and starter kit as specified on the Enrolment Form.
New
Customers” pupils and/or parents/guardians attending a FKF class for the first time.
“Parent” parent or legal guardian responsible for payment of Fees and the party entering the contract with the Company.
“Pupil” the child attending the course as specified upon enrolment by the Parent.
“Stadium” the venue where the course is being held.
“Terms” terms and conditions set out in this contract and any special terms and conditions agreed in writing by FK and the parent.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 This contract states all agreements between both parties; FKF and the Parent. The Terms shall be considered final and agreed upon payment of the Fee by the Parent. Fees paid by anyone else on behalf of the Parent, shall be deemed to have consent from the Parent and will therefore be acting on their behalf.
2.2 Any additional agreements between both parties, shall be deemed to be accepted by the Parent if not contested within 30 days of verbal or written notice by FKF.
2.3 No other variation of these Terms shall be binding unless agreed in writing by FKF and the Parent.
2.4 The Parent or guardian agrees to keep the content of all FKF sessions confidential, including all marketing and delivery of the Course for any commercial purposes. Upon agreement of these Terms, the Parent agrees not to directly or indirectly manage, operate or assist in the organisation of any business that competes with FKF while the Pupil is enrolled at FKF or for a period of two (2) years following their final attendance of a FKF Course.
2.5 In the event of a Parent failing to abide by these Terms, a customer may be requested to discontinue with FKF. In this instance, FKF will be under no obligation to provide a refund for any future Courses.
3. INFORMATION ABOUT OUR TEAM AND COMMUNICATION
3.1 First Kick Football is a trading name of First Kick CIC, a community interest company registered in England with the company number 15651813. Our registered office address is 9A Hennel Lane, Walton Le Dale, Preston, PR5 4LA.
3.2 All correspondence from FKF shall be via Text (including WhatsApp), telephone, email, verbally or by the postal address provided upon Enrolment. The Parent accepts responsibility to update all contact information with the Company and FKF shall not be held responsible for any undelivered correspondence due to incorrect contact details.
3.3 In booking any course, the parent agrees to be contacted by any of the communication methods above (see clause 3.2) regarding any related services. If for any reason a parent does not wish to be contacted via any of the methods above (clause 3.2), they must notify FKF by emailing info@firstkickfootball.co.uk.
4. BOOKING, PAYMENT & CANCELLATION
4.1 Booking a Course
4.1.1 Courses may be booked online via https://www.firstkick.co.uk, https://classforkids.io/en-GB or via telephone to First Kick CIC.
4.1.2 All confidential data supplied by the Parent shall be managed by FKF, whose data privacy policy can be found by visiting https://www.firstkick.co.uk/privacy or via request by email to info@firstkickfootball.co.uk.
4.1.3 All Course information is correct at the time of publishing. All Course locations and times shall be communicated to the Parent following booking.
4.1.4 Once booked, the Parent agrees to all the Terms included in this contract, including the Code of Conduct.
4.1.5 All of our prices include any standard VAT where applicable.
4.2 Payment, Changes & Cancellation
4.2.1 Lessons which are in twelve week blocks are paid in two instalments; the first upon enrolment and the second no later than at the first class prior to starting the Course. The fee for lessons which are on a pay monthly structure is £29.99 per calendar month, regardless of attendance to lessons, by recurring card payment.
4.2.2 All course Fee’s are non-refundable. However, at the discretion of FKF, a credit may be offered to use at an alternative time/location (subject to availability).
4.2.3 FKF shall not be held responsible for any cancellations caused by any force majeure event. If for any reason, one or any number of sessions are unable to take place that are out of the control of FKF, no refunds or credits will be applied.
4.2.4 FKF will provide the Parent with as much notice of any course changes/cancellations as is reasonably possible but shall not be liable for any costs incurred by any party arising from such circumstances.
4.2.5 FKF reserves the right to cancel this contract with no notice, for any reason whatsoever and shall not be liable for any costs incurred by any party arising from such a cancellation.
4.2.6 FKF cannot guarantee sessions run in consecutive weeks. Any sessions cancelled by FKF, shall be re-arranged until the number of sessions to complete the Course are undertaken. FKF reserve the right to offer a pro-rated refund if such re-arrangement is not possible.
4.2.7 Should an insufficient number of children be booked on your session (FKF’s discretion), alternative Courses shall be offered in its place or a refund will be provided.
4.2.8 For a parent to cancel a monthly subscription lesson, they must contact FKF in writing and give four weeks notice. If the subscription payment is cancelled via the bank without informing FKF, that calendar month’s Fee will still be owed to First Kick Football.
4.2.9 In the event of cancellation by The Parent, if less than one calendar months remains until The Parent’s next scheduled payment, no refund will be issued.
5. The Parents Responsibility
5.1 The parent warrants and represents that:
5.1.1 The information provided upon Enrolment is entirely accurate and should any information change, it is the Parent’s responsibility to notify FKF immediately.
5.1.2 Any persons whatsoever attending a FKF stadium, are not suffering from any contagious illness, disease, injury or anything similar thereto.
5.1.3 FKF Courses may require Carer participation. It is the Parent’s responsibility to inform the Coach of any condition of their own or the Pupil in attendance, that could affect their capability of partaking in the session. All information will be kept confidential and should be supplied by calling First Kick CIC or notifying your Coach at the Stadium.
5.1.4 The Parent acknowledges and agrees that the Pupil shall de deemed to be under the direction of the Coach whilst at the Stadium.
5.15 In attending a course or liaising with any staff under the employment of FKF whatsoever, Parents, Pupils and Carers are responsible for following all Session Rules (see Clause 6).
5.16 FKF has the right to exclude any Pupil, Carer, Parent or attendee of an FKF Stadium for any reason FKF (in their discretion) for any duration FKF deem reasonable (in their discretion) for any reason whatsoever.
5.17 Sibling’s of Pupil’s are permitted to attend Stadium. It is the Carer’s responsibility to ensure they do not partake in any sessions unless enrolled on a class. The Parent accepts that sibling’s do have to abide by any Session Rules and FKF reserve the right to act in accordance with Clause 5.16 of this agreement.
6. Session Rules
6.1 All Pupils or siblings should always be fully supervised by the Carer when arriving and leaving a Stadium.
6.2 The Carer is responsible for arriving on time to all sessions and must inform FKF if they need to leave the session early for any reason.
6.3 Any siblings, bags, buggies or similar should always be kept as far back as possible from the playing area . Any children not enrolled on the course are not covered under FKF’s insurance if they cause or are involved in an accident by entering the playing area.
6.4 Pupil’s may at times, be asked to sit out for a short ‘time-out’ period to calm down. We ask that Carer’s assist us in supervising the child during this period.
6.5 Any litter should be taken and disposed of at the end of the session.
6.6 Bring plenty of water and/or still juice for the session. Please do not bring any food to avoid the risk of choking.
6.7 FKF follow FA guidelines with regards to photography at our Courses http://www.thefa.com/football-rules-governance/safeguarding/best-practice-downloads.
Whilst the FA encourage taking photographs of children participating in sporting activities and it is not an offence for you to take a photograph of your child during the Course, photographs containing any of the following should not be shared on social media:
· Other children (unless consent is provided by the Parent)
· Names of other children other than your own (unless consent is provided by the Parent)
Any breach of this policy should be reported to your coach or by calling First Kick CIC.
FKF may use photo’s taken by the Coach or Parent’s for marketing purposes, unless the Parent notifies FKF in writing to info@firstkickfootball.co.uk.
6.8 No requests or transfers shall be guaranteed for children to change class times/Stadiums with the Coach. Any changes must be made by contacting First Kick CIC.
7. Complaints Procedure
7.1 Whilst we always strive to provide the best service possible, should you have any need to make a complaint, please follow our complaints procedure:
7.1.1 Speak to the Coach at the Stadium initially. If your matter is not resolved to your satisfaction, please call First Kick CIC on the phone number provided (see Clause 4.1.1) or by writing (see Clause 3.2).
8. Website & Social Media Information
8.1 The material made available on our website or on any form of associated Advertising Channels, including materials in linked sites directly or indirectly accessible from this site, are provided ‘as is’, with no warranty of any kind, express or implied, including those of merchantability and fitness for a particular purpose. Any reference to linked sites or to third party companies, products or services by name does not constitute or infer its endorsement by FKF. FKF has used all reasonable endeavours to ensure that information provided through this website and all Advertising Channels is accurate at the time of inclusion, however it accepts no liability for any inaccuracies, errors or omissions in the site. The information on the site or Advertising Channels may be incomplete, out of date or inaccurate. FKF reserves the right at any time and without prior notice to make changes and corrections to the material on the site. FKF cannot guarantee that access to the site will be available at all times and there may be periods where information is unavailable, in which instance any information can be obtained by writing (see Clause 3.2). FKF accepts no liability for any loss or damage of whatsoever nature caused by the use or the inability to use the materials available in this site or any linked site. FKF has taken all reasonable steps to ensure that the Intellectual Property of this parties is not infringed. If however, you genuinely believe that the material on this site or Advertising Channels infringes any intellectual property rights, please contact First Kick CIC directly. All images displayed on this website are under the ownership of the photographer concerned. Agreement to display the photographs has been reached and they are not available to be copied.
9. Exclusion of Liability
9.1 Except in the case of fraud, FKF, 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 FKF or any of its coaches, employees or agents even if such act or omission is negligent.
9.2 The parent agrees (for and on behalf of the Parent and the Pupil) that any claim by the Parent or the Pupil against FKF or any coach, employee or agent of FKF must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be time-barred.
9.3 The Parent acknowledges, warrants and undertakes (for and on behalf of the Parent and the Pupil) that the maximum aggregate liability of FKF to the Parent and/or Pupil under these terms shall not exceed the Fee.
9.4 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 FKF, its coaches, servants, employees or agents or affects the statutory rights of the Parent or Pupil.
10. GENERAL
10.1 In partaking in any FKF Course, the Parent acknowledges they are bound by the terms of this contract and any associated policy documents on https://www.Firstkick.co.uk/policydocuments.
10.2 Whilst we try to ensure Courses have the same Coach for every class, for various reasons we cannot guarantee this. We will always ensure that the Coach running your class will be competent in delivering the Course to a standard befitting of a FKF Coach.
10.3 Assignment and subcontracting:
(a) FKF may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all its obligations under the Contract to any third party or agent.
(b) The Parent shall not, without the prior written consent of FKF, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
10.4 Notices:
(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or such other address as notified by the other party from time to time, or sent by email to the other party's main email address;
(b) Any notice or other communication shall be deemed to have been duly received:
(i) if delivered personally, when left at the address referred to in clause 3.2;
(ii) if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Working Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or
(iii) if sent by email, one hour after transmission provided that the sender does not recall the message or receive notification of non-delivery or if the email is sent outside of core business hours (09:00 am to 16:00 pm), 10 am on the next Working Day.
10.5 Waiver:
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy;
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
10.6 Severance:
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.7 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
10.8 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
10.9 Variation: Except as set out in this Contract, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed by FKF.
10.10 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.