MEMBERSHIP TERMS AND CONDITIONS
About
1. DEFINITIONS
1.1 “Carer” means the person or persons who attends the course or part of it with the child.
1.2 “Parent” means a parent or legal guardian who will be responsible for the payment of fees and who is contracting party to this contract.
1.3 “BHFC” means BH Football Club Ltd, with whom you have entered into this agreement.
1.4 “Course” means the BHFC course you are attending.
1.5 “Booking Form” means the form relating to booking or rebooking of the child on the course.
1.6 “Fee” means the monetary cost per course as specified on the booking form.
1.7 “Coach” means the individual(s), employed by BHFC to teach the Course. Whilst every effort will be taken to maintain the consistency of the Coaches during the Course, BHFC retain the right to change the coaching staff where necessary.
1.8 “Venues” or “Premises” means the premises where the course takes place.
1.9 “Pupil” 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 BHFC and the parent.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 All agreements relating to the teaching of the course BHFC to the child 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 BHFC and the parent.
2.3 The terms shall be deemed to have been accepted by the parent upon completion of registration form and joining fee or on behalf of the Parent. Payment by the carer shall be deemed to have been made on behalf of the parent.
3. FEE AND PAYMENT
3.1 The parent shall pay the down payment to BHFC prior to the Pupil attending the course.
3.2 Your agreement commences on the 1st September 2022.
3.3 When your membership starts, you will need to make the payments set out on the Partial.ly payment agreement. You cannot attend BHFC sessions or matches until a joining fee has been made and set up Partial.ly payment agreement or paid in full.
3.4 You are required to pay a £60 joining fee.
3.5 If you join part way through a month or year, we will work out any proportional monthly fees that may apply (including, but not limited to, any activation fee) that you have to pay and the payment method.
3.6 The fee is non-refundable under any circumstances except with the prior agreement of BHFC, unless the Pupil has attended the first class of their course and given notice that they will not be continuing to attend classes within 24 hours of attending the first class, in which case the course fees will be refunded in full.
3.7 If classes are cancelled due to an “Act of God” (extreme weather conditions, earthquakes etc) strikes, terrorist activity or where local authorities/public guidance suspend for health or other reasons, then no refunds will be given and it will not be permitted to defer classes during the affected period.
4 Failing to pay
4.1 This section is about what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:
– 4.1.1 The account details you gave us for the direct debit are wrong; or
– 4.1.2 There is not enough money available in your bank account; or
– 4.1.3 You have cancelled your direct debit without giving us the correct notice period (2months)
4.2 If the account details, you gave us for the direct debit are wrong:
– 4.2.1 We will ask you to pay by cash, debit
t card or credit card and to give us your correct bank details. You will also be asked to restart Partial.ly payment plan.
–4.2.2 While you owe us payments you will not be allowed participate in any BHFC activities. Once your payments are up to date you will be able to resume activities. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.
4.3 If there is not enough money available in your account:
– 4.3.1 We will ask you to pay by cash, debit card or credit card. If, after the second month we have contacted you, you still owe us the payment, we will cancel your membership from the end of that month or, if you have a discounted monthly membership, at the end of your commitment period. Where a payment has failed or been refused, we may attempt to obtain payment through the same direct debit. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.
– 4.3.2 While you owe us payments you are not allowed participate in any BHFC activities. Once your payments are up to date you will be able to resume activities. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.
– 4.3.3 If you are not in a commitment period with us, we will take the first month you fall into arrears as deemed notice to cancel your membership.
4.4 We may appoint a debt collection agency to collect any payments you owe us, and you may have to pay any costs associated with this, including legal and court costs and interest. Or we may choose to take the payments owed from your credit card or debit card using the credit card or debit card details you have given us, and you hereby authorise us to do so.
5 Your right to cancel your membership
5.1 Cancelling your membership during the cooling-off period
– 5.1.1 If you have purchased your membership online, you have a legal right to change your mind within 14 days of joining and receive a refund. The 14-day cancellation period commences the day of your membership start date which is stated on your agreement. This is called the ‘cooling-off period’. If you choose to cancel within the cooling-off period, we will give you a full refund of the joining fee and any other fees you have paid.
– 5.1.2 If you want to cancel your membership within the cooling-off period, you must send your notice in email to Hasib@bhfcbattersea.co.uk.
5.2 Cancelling your membership after the cooling-off period
– 5.2.1 To cancel your membership after the cooling-off period has expired, you must send your notice in email to Hasib@bhfcbattersea.co.uk. If BHFC receives your notice on the first day of the month, your membership will end on the last day of the following month. If BHFC receives your notice after the first day of the month, your membership will end on the last day of the following month. This means we will take one more direct debit payment before cancelling your membership. For example, if we receive your notice on 10 May, cancellation will take effect from 30 July. If you are within your commitment period, we will cancel your membership from the 1st day of the month after the commitment period has finished, if it is at least two full calendar months in advance. If you are not sure what your commitment period is, please email Hasib@bhfcbattersea.co.uk.
– 5.2.2 If you cancel your membership in writing (by post or e-mail), when we receive your written notice, we will send you an acknowledgement letter or email to confirm the date that your membership will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice and you must contact us and send a further cancellation notice to us.
6. PARENTS RESPONSIBILITY
The Parent warrants and represents that:
6.1 The information set out in the registration and g forms is correct (whether or not completed and/or signed by the parent) and that BHFC will be notified of any change in such information immediately.
6.2 When attending the course neither the pupil nor the Parent/carer will suffering from any illness, disease or anything similar thereto.
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7. DISCIPLINE
7.1 In the event that BHFC believes the pupil or carer’s behaviour is unacceptable. BHFC shall be within their rights to exclude the pupil and carer (or either of them) and for a period of time deemed fit.
7.2 The standard of behaviour regarded as unacceptable will be determined by BHFC.
8. EXCLUSION OF LIABILITY
8.1 Except in the case of fraud BHFC, its coaches, 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 BHFC or agents even if such act or omission is negligent.
8.2 The Parent agrees (for and on behalf of the Parent and the Pupil) that any claim by the Parent or the Pupil against BHFC or any coach, employee, or agent of BHFC must be brought within 14 days of the event that gave rise to such claim made thereafter shall be time-barred.
8.3 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 BHFC its coaches, servants, employees or agents or affects the statutory rights of the parent or pupil.
8. GENERAL
9.1 Any notices to be sent by either party to the other shall be sent by email and shall be deemed to have been received by the addressee within 48 hours of sending. BHFC do not accept service of documents by email.
9.2 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.
9.3 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 no contained herein shall be binding or form part of this agreement.
9.4 This entire agreement shall be governed by English Law and shall fall under English jurisdiction.
10 Your contact details
10.1 We will send all letters, emails, communications and information to the address and other contact details you have given us on your membership agreement form. You must keep us up to date with any changes to your address or other details by filling in an administration form at your home centre.
11 Mobile Phone/Photography Policy
11.1 No photography is permitted at any time except with the prior approval.
12 Data protection
12.1 We will only process personal information you give us in accordance with the applicable data protection laws and the BHFC Policy. This includes information on how we protect your information, who we are allowed to give it to and how to exercise any of your rights in relation to it.
12.2 We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme or treatment. By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff.
12.3 It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.
13 Choice of law
13.1 Your membership with us is governed by the laws of England and Wales or, if you live in Scotland, by the laws of Scotland. You agree that all disputes relating to your membership and or our agreement with you which we are unable to resolve between us will be subject to the non-exclusive jurisdiction of the English and Welsh courts or, if you live in Scotland, the Scottish courts.
