Terms & Conditions
Terms & Conditions
1. Definitions
1.1
“Carer” means the person / persons who attend the Class or any part of it, with the pupil.
1.2
“Coach” means the individual(s), employed by 1st Touch Football Kickz to teach the Class. Whilst every effort will be taken to maintain the consistency of the Coaches during the Class, by 1st Touch Football Kickz unreservedly retain the right to change the coaching staff where necessary.
1.3
“Class” means the 1st Touch Football Kickz class you are attending or enrolling on. 1.4
“Enrollment Form” means the online form relating to the enrollment of the pupil on the Class, by the Parent.
1.5
“Fee” means the monetary cost per Class as specified on the booking form.
1.6
“1st Touch Football Kickz” means the company or person with whom you have entered into this agreement.
1.7
“New Customers” refers to children of parents / carers who are attending a 1st Touch Football Kickz Class for the first time.
1.8
“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.
1.9
“Premises” means the venue where the Class takes place.
1.10
“Pupil” means the child attending the Class, whose details are specified by the Parent or Carer on the Booking Form.
1.11
“Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by 1st Touch Football Kickz and the Parent.
1.12
”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. Acceptance of Terms and Conditions.
2.1
Please read these terms carefully before you book our classes. These terms tell you who we are, how we will provide classes to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.2
All those wishing to attend a 1st Touch Football Kickz Class must agree to the terms and conditions set out below. 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 a Carer shall be deemed to have been made on behalf of the Parent.
2.3
These are the terms and conditions on which we provide 1st Touch Football Kickz Class to you. No variation or addition to the Terms shall be binding unless agreed in writing by 1st Touch Football Kickz and the Parent.
2.4
All agreements relating to the teaching of the Class by 1st Touch Football Kickz to the Pupil are subject to these Terms to the exclusion of all other terms and conditions.
2.5
In the unlikely event of a customer failing to abide by these terms and conditions, a customer may be requested to discontinue with 1st Touch Football Kickz. In this instance 1st Touch Football Kickz will be under no obligation to provide a refund for any outstanding lessons.
2.6
The Parent and/or Carer agree to keep the content of the 1st Touch Football Kickz Class and any 1st Touch Football Kickz Program confidential and not to copy or use any aspect of the 1st Touch Football Kickz Program directly or indirectly.
3. Information about Head Office and how to contact us.
3.1
1st Touch Football Kickz Ltd is a company registered in England, number 16594828.
3.2
To contact 1st Touch Football Kickz please contact us by email info@1sttouchfootballkickz.co.uk
3.3
If we have to contact you we will do so by means of text message (including WhatsApp), telephone or by writing to you at the email address or postal address you provided to us upon booking a Class.
4. Booking, Payment & Cancellation
4.1 Booking a Class
4.1.1
To secure class bookings, booking and payment needs to be made online through the 1st Touch Football Kickz website – www.1sttouchfootballkickz.co.uk
4.1.2
You must provide us with specific personal information in order to book a Class with us. Full details of the information we collect can be found in our Data
Privacy Policy here www.1sttouchfootballkickz.co.uk/privacypolicy
4.1.3
During the booking process, you will be asked to read and agree to our Terms and Conditions (this document), which include our Class Rules. Upon completion, you will receive a confirmation email detailing what you have booked, information about the time/location of your Class and any other information about the program.
4.1.4
All Class timetables are correct at time of publishing. If your Class time/location changes once you have made a booking, we will contact you.
4.1.5
All of our prices include standard rate VAT where applicable.
4.2 Payment
4.2.1
Classes are booked for in one of three different methods which offer a range of termly commitments:
· Kickz Pay As You Go – A booking which can be made for a single class. The customer has the capability to book on to more than one class or for more than one pupil within one booking transaction but still using the pay-as-you-go method.
· FlexiKickz Pass – This pass allows the customer to book up to 10 classes at a fixed single venue. This venue is stipulated within the title and details of the pass selected. This pass can be purchased through the booking system to which you pay for 10 classes up front at a reduced rate compared to the equivalent pay-as-you-go ticket price. The customer must select their first class at the selected venue when purchasing the pass which will activate the pass upon completing the purchase. The pass will expire 120 days from first class booked. Use of the pass after initial purchase entails the user to book on to each chosen class in the normal manner using the same email to which the pass was purchased with. During the booking process, the system will recognise the pass attached to the customer’s email and deducts the relevant number of classes from the pass once the booking process is completed. All Classes must be used by the expiry date of the pass. Passes cannot be extended or exchanged for cash, nor can individual classes be reimbursed in any fashion.
· Kickz4Pass – The Kickz4Pass offers an automatically applied discount to bookings made for four consecutive weekly football classes at the same venue, on the same day and time each week. To qualify for this offer, all four classes must be booked in a single transaction. The discount is automatically applied at checkout. Initially, the standard pay-as-you-go price will be displayed. The discounted total will appear in the basket when the system recognises that the correct combination of classes has been selected. This offer is valid for one individual pupil only and cannot be shared across multiple participants. Bookings made outside of the defined conditions, such as different days, times, venues, or non-consecutive weeks, will not qualify for the bulk ticket discount. The discount will only apply to 4 classes booked. Any additional classes booked over and above 4 will be charged at the pay-as-you-go fee.
4.2.2
The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of 1st Touch Football Kickz.
4.2.3
If classes are cancelled as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, pandemics etc), strikes, terrorist activity, or where local authorities/public guidance advise that classes should be temporarily suspended for health or other reasons, then no refunds nor credits shall be given.
4.2.4
When paying online, we will accept:
Visa Credit,
Visa Debit,
MasterCard Credit,
MasterCard Debit,
Apple Pay,
Link Payment,
Payments are processed through payment gateway Stripe.
5. Cancellation by 1st Touch Football Kickz
5.1
In the unlikely event of ‘last minute’ Class changes or a Class cancellation by us,
1st Touch Football Kickz will notify you with as much notice as possible. 1st Touch Football Kickz are not liable for any expenses incurred by a customer which are a result of a cancellation.
5.2
If a Class is changed or cancelled by 1st Touch Football Kickz, we will offer you either an alternative Class to attend or a refund will be given.
5.3
If insufficient number of children are booked into your Class, we reserve the right to cancel the Class. In this instance we will offer you either an alternative Class to attend or a refund will be given.
5.4
In the event of cancellation by 1st Touch Football Kickz for after school football club classes, prior to the commencement of the Class by the Pupil, 1st Touch Football Kickz will refund any fees within 30 days. This will be on a pro rata basis for the course booked.
6. Cancellation by the Parent / Carer
6.1.
The cancellation rights generally available to consumers in accordance with their statutory rights do not apply to the classes provided by us.
6.2.
Refunds, Credits and Transfers
6.2.1
Kickz Pay As You Go – The Kickz Pay As You Go ticket is eligible for one-time transfer to an alternative session date, provided that a minimum of 24 hours’ notice is given in writing. Notice must be submitted via email or direct message to the contact details provided on your booking confirmation. The 24-hour notice period is measured from the start time and date of the scheduled session.
Please note:
· Refunds will not be issued under any circumstances.
· Where notice is given in line with the policy, a credit will be issued in the form of a discount code to be used for a future booking.
Late cancellations or no-shows will not be eligible for transfer or credit.
Transfer of ticket to requested date/time is subject to class availability. Should the class be fully booked and alternative option shall be given.
6.2.2
FlexiKickz Pass – Classes booked with the FlexiKickz Pass are eligible for one-time transfer to an alternative session date which meets the conditions of the pass, provided that a minimum of 24 hours’ notice is given in writing. Notice must be submitted via email or direct message to the contact details provided on your booking confirmation. The 24-hour notice period is measured from the start time and date of the scheduled session.
Please note:
· Refunds will not be issued under any circumstances.
· Where notice is given in line with the policy, your ticket will be cancelled and a credit will be applied to you pass.
Late cancellations or no-shows will not be eligible for transfer or credit.
Transfer of ticket to requested date/time is subject to class availability. Should the class be fully booked and alternative option shall be given.
6.2.3
Kickz4Pass – No refunds or transfers given with any classes booked using this option.
7. Parent’s Responsibility.
7.1
The Parent warrants and represents that;
7.1.1
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 1st Touch Football Kickz of any change in such information immediately.
7.1.2
When attending the Class, neither the Pupil nor the Carer will be suffering from any contagious illness, disease, injury or anything similar thereto.
7.1.3
It is the customer’s responsibility to inform the local provider of any condition that could affect their own* or their child’s capabilities during the Class. You must agree to inform us of any changes, as soon as you become aware of them.
All information provided to us will be treated as strictly confidential.
*Some 1st Touch Football Kickz classes encourage Parent participation.
7.1.4
The Parent acknowledges and agrees that the Pupil shall be deemed to be under the direction, care and control of the Carer throughout the Class and the Carer shall be responsible for the welfare and conduct of the Pupil throughout the Class and whilst the Pupil is on the Premises.
7.1.5
The Parent shall indemnify and keep indemnified 1st Touch Football
Kickz against all loss (including loss of profit), liability, costs and expenses which 1st Touch Football Kickz shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Pupil.
7.1.6
Customers are expected to behave in a civilised and respectful manner at all times towards the Coaches, other customers and any members of the public who are on the Premises. In the event that 1st Touch Football Kickz determines the behaviour of the Pupil and/or the Parent/Carer to be unacceptable, 1st Touch Football Kickz shall be entitled to exclude the Pupil and the Parent/Carer (or either of them) from Class and Premises permanently or for such period as 1st Touch Football Kickz shall (in its entire discretion) determine.
7.1.7
The standard of behaviour, which is to be regarded as unacceptable at a Class or on the Premises, shall be determined by 1st Touch Football Kickz and will be in line and lead with our Parent and Child Code of Conduct documents.
7.1.8
Where circumstances and conditions allow, the Parent is allowed to bring siblings of the Pupil onto the Premises as long as long as they do not take part in the Class. The sibling is the responsibility of the Parent/Carer at all times. If the sibling needs attention that requires the Parent/Carer to leave the Premises, the Pupil must accompany the Parent/Carer and must not be left with the Coach.
7.1.9
Customers accept that at times there could be physical contact between the teacher and their child, which will always be carried out in a professional and caring manner.
7.2. Class Rules;
7.2.1
For Health and Safety purposes Parent/Carer is responsible for supervising their child(ren) in and around the Premises prior to their Class start time.
7.2.2
Parents/Carers are responsible for their child when he/she is attending a 1st Touch Football Kickz Class. Parents/Carers should stay within easy sight and reach of their child at all times. For Classes which do not require Parent/Carer participation, all spectators should not access the Class playing area unless instructed or authorised by a Coach.
7.2.3
Parents/Carers should let the coaching team know if they have to leave the Class early for any reason; this is for emergency evacuation purposes.
7.2.4
Siblings, buggies and associated equipment must remain off or as far back from the playing area at all times. ‘Pitch invaders’ are not covered by our accident insurance if they cause or are involved in an accident (see Clause 8.1.8)
7.2.5
Parents/Carers should provide water but no food must be eaten on the pitch to avoid the hazard of choking.
7.2.6
Parents/Carers should take all litter home with them following classes.
7.2.7
Parents/Carers should ensure their child is wearing athletic clothing and proper footwear for each Class.
8. Complaint’s Procedure
8.1
We hope you will be delighted with our service but if you are at all unhappy please speak to the Coach.
8.1.1
If the response is not satisfactory, please send your complaint in writing to the specified means of contact set out above.
9. Website & Social Media Information
9.1
The material made available in this site, 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 1st Touch Football Kickz. 1st Touch Football Kickz has used all reasonable endeavours to ensure that information provided through this website is accurate at the time of inclusion, however it accepts no liability for any inaccuracies, errors or omissions in the site. The information available on the site may be incomplete, out of date or inaccurate. 1st Touch Football Kickz reserves the right at any time and without prior notice to make changes and corrections to the material on the site. 1st Touch football Kickz 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. 1st Touch Football Kickz has taken all reasonable steps to ensure that the Intellectual Property of third parties is not infringed. If however, you genuinely believe that the material on this site infringes any Intellectual Property rights, please contact 1st Touch Football Kickz directly.
10. Exclusion of Liability
10.1
Except in the case of fraud, 1st Touch Football Kickz, 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 Class (or any part of it) or any other act or omission on the part of 1st Touch Football Kickz or any of its coaches, employees or agents even if such act or omission is negligent.
10.2
The Parent agrees (for and on behalf of the Parent and the Pupil) that any claim by the Parent or the Pupil against 1st Touch Football Kickz or any coach, employee or agent of 1st Touch Football Kickz must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be timebarred.
10.3
The Parent acknowledges, warrants and undertakes (for and on behalf of the
Parent and the Pupil) that the maximum aggregate liability of 1st Touch Football Kickz to the Parent and/or Pupil under these terms shall not exceed the Fee.
10.4
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 1st Touch Football Kickz, its coaches, servants, employees or agents or affects the statutory rights of the Parent or Pupil.
11. General.
11.1
1st Touch Football Kickz accepts the service of documents via email and any notices to be sent by either party to the other shall be sent in writing.
11.2
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.
11.3
Nobody else has any rights under this contract. This contract is between you and 1st Touch Football Kickz. No other person shall have any rights to enforce any of its terms.
11.4
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the service, we can still require you to make the payment at a later date.
11.6
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 both party and which is not contained herein shall be binding or form part of this Agreement.
11.7
The safety and wellbeing of your child or the child in your care is of the upmost importance to 1st Touch Football Kickz. We have a responsibility to report any inappropriate or suspicious behaviour to the relevant authorities.
11.8
Whilst we will try to ensure you always have the same Coach in a particular Class, we cannot guarantee this as coaches may fall ill, leave or cancel for personal reasons.
11.9
We reserve the right to make amendments to our Terms and Conditions at any time to reflect changes in our business or statutory obligations. The new version will be posted on our website and will take effect immediately upon posting. If applicable these changes will be communicated to all our customers by email. If you book lessons after the new Terms and Conditions have come into effect as part of your booking process you will indicate your agreement to be bound by them.
11.10
This entire agreement shall be governed by English Law and shall fall under English jurisdiction.
12. Photography and Filming
12.1
We understand that from time to time you may wish to take a photo or video recording of your child in class. We ask that you do so in a way that shows sensitivity to others whilst recognising their right to privacy.
You must therefore always adhere to the following rules:
Images and recordings must not be taken in such a way as to interfere with the running of the class, cause disruption to other parents or children or cause a distraction to the coach leading the session.
Images and recordings must not be taken in such a way as to cause a safety hazard to others in the venue.
The use of tripods or professional recording equipment is not permitted at any time unless you have our express written permission.
You must take care to ensure that only your child’s image is captured.
You must not take photographs and/or video footage of anyone else’s child unless you have prior agreement from the parent/guardian of other children.
If asked to stop filming or taking photographs then you must do so immediately.
If you are concerned that your own child may be being filmed or photographed by another customer without your permission then you have the right to ask them to stop. Please approach the parent yourself if possible but speak to the coach if you continue to have any concerns.
Some venues may have a strict ‘no photography or filming rule’. Where this is the case we will always endeavour to notify you. The policy of the individual venue must be adhered to at all times.
The coach has the right to view the photographs taken and to delete any photograph that they deem inappropriate.
Anyone found to be in breach of the above terms may be asked to leave the class immediately and no refund will be offered.