Terms & Conditions

These Terms and Conditions and other information, such as our Policies and Procedures packs, lay out the agreement between us and the parent/guardian. If you ever have any questions or queries relating to this document, you can contact us by emailing: info@youngballerzbasketball.co.uk

1. Definitions

“Participant” or “Ballerz” means the child attending or booked into a Young Ballerz Basketball class.

“Young Ballerz Basketball” (“we”, “our”) means a class operated by Young Ballerz Basketball LTD or an employed person of the company or an appointed coach as “Head Coach” or “Lead Coach” directly operated in Young Ballerz Basketball territory. “Young Ballerz Basketball” is a Trading Name of Young Ballerz Basketball LTD.

“Grownup”, “Parent”, “Adult”, or “Carer” means the person who attends the class with the Participant and is responsible for their welfare.

“Cost” and “Fees” means the value chargeable to attend a Young Ballerz Basketball class, as listed on the website, which is to be paid termly in advance.

“Contract” is the contract between Young Ballerz Basketball and the Grownup, as applicable, for the supply of services in accordance with these terms.

“Young Ballerz Basketball” “classes” mean the weekly class held and the agreed dates described under our classes at www.youngballerzbasketball.co.uk. In the event of cancellation of classes due to “conditions out of our control”, such as a force majeure relating to weather, illness or war, a refund shall not be given.

2. Fees and Payment

The class fees will be paid per term in full before the commencement of the term starting. This will be accepted via our website using our nominated payment system.

The class fees are non-refundable unless Young Ballerz Basketball receives a written notification that the participant will not attend further sessions within 24 hours of their first paid class. The class fee will be refunded minus the cost of the classes the participant attended.

3. Confidentiality

By agreeing to these terms, the Parent, Carer or Grownup agrees not to share any aspects of the Young Ballerz Basketball programme with a third party who may be involved in a business that operates in the same market as us. The Parent, Carer or Grownup will not be involved directly or indirectly with such a company.

The Parent, Carer or Grownup will not take, replicate or use any of our material directly or indirectly for use with any other organisation.

4. Company Information

The classes in any given territory are operated by Head or Lead Coaches, trading in business under “Young Ballerz Basketball Limited”.

5. Parent/Carer/Grownup Obligation

The information disclosed is accurate and current at the time of booking. Any changes need to be made via the login to our website as soon as the change needed is apparent.

The Parent, Carer or Grownup are responsible for informing us of any special medical conditions at the point of booking. This includes any additional needs and any other condition that may be significant in the coach's ability to conduct a class without disruption.

The Parent, Carer or grownup must not attend the class whilst suffering from any serious illness or attend whilst the participant suffers from a serious illness unless pre-agreed in writing.

During all classes, the Parent, Carer or grownup agrees and accepts the sole responsibility, general conduct and care for the Ballerz during the class.

Young Ballerz does not allow the Parent, Carer or grownup to leave the participant for any time before, during or after a Young Ballerz class.

Young Ballerz has the sole right to cancel or exclude the participant and the Parent, Carer or Grownup if deemed necessary for the safety and well-being of other Participants or Parents, Carers or Grownups.

6. Health and Safety

All participants, including Ballerz, coaches, officials, and spectators, are responsible for adhering to the safety guidelines outlined. Participants should promptly report hazards or unsafe practices to the lead coach or Young Ballerz Basketball. Young Ballerz Basketball will conduct regular risk assessments of the activity space and activities to identify potential hazards. Appropriate measures will be implemented to eliminate or minimise risks. All basketball equipment, including balls, will be regularly inspected for wear and tear. Damaged equipment will be repaired or replaced promptly. Qualified first aid personnel and first aid kits will be available at all basketball events. The lead coach will receive basic first-aid training.

Young Ballerz Basketball will promote a positive and respectful environment. Participants must adhere to a code of conduct that includes fair play, good sportsmanship, and respect for others. It is your responsibility to ensure that participation does not happen if you are feeling unwell or have a physical injury, including but not limited to breaks, sprains, twists, and cuts.

Parent/Carer/Grownup rules

Customers must inform the Coach of any changes to personal health and well-being or an injury that may affect their or their Ballerz participation in the planned activity. All Children will be encouraged to 'free play' with the equipment to familiarise themselves before the class starts. The accompanying adult is responsible for the child the entire time they are with us and must stay on site. Suitable sportswear is required, including comfortable trainers, shorts/joggers and a top. Prams, bags and other obstructions must be kept away from the edge of the Basketball court to avoid any trip hazards. Children must bring a suitable water bottle to classes to hydrate throughout. If a child becomes disruptive, the coach may ask them to take a 'time out' with their adult to allow the class to continue disruption-free.

7. Limitation of liability

The Parent, Carer or Grownup agrees that any claim against Young Ballerz Basketball will be made in writing within 14 days of the incident. Failure to report in writing within this time will negate/void any such claim. The notification will then be forwarded to our insurers. The claim cannot be made directly against the directors of the business. To this end, the maximum aggregate liability for Young Ballerz will not exceed the total fee paid to [Young Ballerz] by the Parent, Carer or Grownup when entering the Contract.

Neither Young Ballerz Basketball, a Head/Lead coach, Assistant coach, nor any other servant accepts responsibility for loss, damage or expense incurred by a Parent, Carer or Grownup during a Young Ballerz Basketball class.

Nothing in these terms shall limit or exclude [Young Ballerz Basketball] liability for:

Death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;

Fraud or fraudulent misrepresentation or breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

[Young Ballerz Basketball] shall under no circumstances whatsoever be liable to the Carer or Parent, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the Contract; and

[Young Ballerz Basketball] total liability to the Parent, Carer or Grownup in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total fee paid by the Parent, Carer or Grownup to [Young Ballerz Basketball] when entering into the Contract.

The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

This clause 7 shall survive termination of the Contract.

8. Data protection

By agreeing to these terms and conditions, the Parent, Carer or Grownup consents that the data provided (non-financial) can be shared within the Young Ballerz organisation.

We process and hold all personal information in accordance with the New General Data Protection Regulation (2018), and we are members of www.ico.org.uk (ZB051693)

9. Photography

Young Ballerz Basketball may use photography in their classes and other events, and Parents, Carers or Grownups have the right to refuse participation in such events. Inclusion in the photographs means that Young Ballerz has the right to use these images for promotional purposes until the Parent, Carer or Grownup requests otherwise.

10. Our standards

Young Ballerz Basketball Head and Lead Coaches have completed the minimum standard: Accredited Sports Coaching course / First Aid course / Level 2 Safeguarding course.

Young Ballerz Basketball Head or Lead Coaches hold the relevant DBS Check and can be seen on request.

Young Ballerz Basketball Head or Lead coaches will be reviewed periodically by the management

Insurance Young Ballerz Basketball holds the following insurance. Public Liability £5,000,000

11. Events outside of our control

Our “Classes” mean the weekly class held and the agreed dates set. In the event of cancellation of classes due to “conditions out of our control”, such as a force majeure relating to weather, illness, epidemic or war, a refund shall not be given.

We will not be liable or responsible for any failure to perform or delay in performing any of our obligations under these terms caused by an Event Outside Our Control.

An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these terms:

we will contact you as soon as reasonably possible to notify you; and

our obligations under these terms will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of services to you, we will restart the services as soon as reasonably possible after the Event Outside Our Control is over.

You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the services. Please see your cancellation rights under clause 12. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 13.

12. Our rights to cancel and applicable refund

If we must cancel an order for services before the services start:

we may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials, without which we cannot provide the services. We will promptly contact you if this happens.

If we have to cancel an order under clause 13a) (i) and you have made any payment in advance for services that have not been provided, we will refund these amounts to you.

Where we have already started work on your order for services by the time we have to cancel under clause 13a) (i), we will not charge you anything, and you will not have to pay us.

Once we have begun to provide the services to you, we may cancel the contract at any time by providing you with at least 30 calendar days’ notice in writing. If you have paid in advance for services not provided, we will refund these amounts.

We may cancel the contract for services at any time with immediate effect by giving you written notice if:

you do not pay us when you are supposed to when entering into the Contract; or

you break the Contract in any other material way, and you do not correct or fix the situation within 14 days of us asking you to in writing.

13. Notices

Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing when entering into the Contract or to such other address as is notified by one party to the other from time to time and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service, commercial courier, fax or e-mail.

A notice or other communication shall be deemed to have been received: if delivered personally when left at the address referred to in clause14i); if sent by pre-paid first-class post or other next working day delivery service at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one business day after transmission. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

14. Variation

We may revise these terms from time to time to account for any changes in relevant laws and regulatory requirements or with the consent of both parties. You must check back regularly to see any changes in relevant laws or other regulatory requirements.

15. Acceptance

All issues about the coaching during a class operated by us and the ongoing communication with Coaches, back office staff & Young Ballerz Basketball head office are subject to these terms and will not be replaced unless pre-agreed in writing by the responsible adult and us.

These terms shall be deemed accepted by the Parent, Carer or Grownup once the enrolment form and payment have been received, at which point and date the Contract shall exist.

16. General

We reserve the right to change and amend these terms and conditions any time. The latest version will be published on our website, and you must check it.

We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.

If we agree in writing, you may only transfer your rights or obligations under these terms to another person.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides they are unlawful, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, which will not mean that we will automatically waive any later default by you.

These terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland. If you are a resident of Scotland, you may also bring proceedings in Scotland.

Updated December 2023

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