1.1 Parent means a parent or legal guardian who will be responsible for the payment of Fees and who is the contracting party to this contract.
1.2 Carer means the person / persons who attends the session or any part of it, with the member / child.
1.3 Member means the Child whose name is enrolled and attends the session.
1.4 Child means the individual taking part in the Introductory 4 week trial sessions.
1.5 Payer means the individual responsible for paying fees / Direct Debit payments.
1.5 RUGGERBUGS means RUGGERBUGS Ltd (where a territory is operated directly) or a RUGGERBUGS Franchisee with whom you have entered into this agreement.
1.6 Session means the RUGGERBUGS classes described at the time of enquiry and on the Website.
1.7 Enrolment Form means the form relating to the enrolment or re-enrolment of the member onto the sessions either via the website or in hard format.
1.8 Fee means the monetary cost for the Introductory Trial, Membership and per session as specified on the Enrolment Form / Website.
1.9 Coach means the individual(s), employed by RUGGERBUGS Ltd directly or the RUGGERBUGS Franchisee to deliver the sessions. Every effort will be taken to maintain the consistency of the Coaches during the sessions; however the company unreservedly retains the right to change the coaching staff where necessary.
1.10 Venue means the premises where the sessions take place.
1.11 Centre means the venue at which the member is enrolled.
1.12 Terms means the Terms and Conditions set out in this document and any special Terms and Conditions agreed in writing by RUGGERBUGS Ltd directly or the RUGGERBUGS Franchisee and the Parent.
1.13 RUGGERBUGS Personal Play Pack means the pack supplies at the Introductory 4-Week Trial. This pack contains a scarf, bean bag and tennis ball. The company reserves the right to make changes to these packs at any time.
1.14 RUGGERBUGS Membership means the pack supplied at the initial joining. The company reserves the right to make changes to these packs at any time.
1.15 RUGGERBUGS Kit Pack means the RUGGERBUGS Kit (shirt and shorts) which can be purchased at the time of Membership and anytime during the Memberahip. The company reserves the right to make changes to these packs at any time.
1.16 Company means RUGGERBUGS Ltd (where a territory is operated directly) or a RUGGERBUGS Franchisee with whom you have entered into this agreement.
- INTRODUCTORY 4 WEEK TRIAL
2.1 Purchasing the Trial sessions confirms acceptance by the Parent / Carer of the Terms and Conditions in this document.
2.2 The Parent / Carer shall pay the whole Fee to the company prior to the child commencing the session via the website.
2.4 The Trial sessions are four (4) consecutive weeks.
2.5 The fee includes a Personal Play Pack, which will be given to the child at the first session. This is required when attending sessions.
2.6 Where a child is unable to attend due to illness, holiday or other reason no refund, credit or discount of the session will be made.
2.7 At the end of the Trial session the Parent / Carer will be invited to enrol their child as a Member.
2.8 It is the responsibility of the Parent / Carer to inform the company via e-mail if they do not want to enrol.
2.9 Failure to advise may result in enrolment and session fees being applied and charged to the Parent / Carer.
2.10 The company reserves the right to make changes to the Introductory Trial / Fee / Personal Play Pack at any time.
2.11 The company reserves the right to withdraw the Introductory 4 Week Trial at any time.
3.1 Purchasing a Membership confirms acceptance by the Parent / Carer of the Terms and Conditions in this document.
3.2 The Parent / Carer shall pay the whole Fee to the company prior to the Member commencing the session via the booking payment link provided.
3.3 Cash / cheques are not accepted as payment.
3.4 Enrolment is for the lifetime that the member can attend (18mths to 6 years, entering into Year 2 at school).
3.5 Members will receive a Membership Pack containing items as described at the time of enquiry / enrolment.
3.6 The company reserves the right to make changes to these packs at any time.
3.7 The company reserves the right to withdraw the Membership Pack at any time.
3.8 Post & Packaging fees apply. Ruggerbugs Ltd does not accept responsibility for any items lost in the post or not received.
3.9 No refund, credit or discounted rate is given for a Membership Pack, where a Member leaves during the lifetime period of their Membership.
- SESSION FEES
4.1 Upon Enrolment the Parent / Carer accepts to pay the session fees in accordance with the Terms and Conditions in this document.
4.2 The company operates for 45 weeks per annum as published.
4.3 Session fees are charged per month and are payable by an initial payment at the time of enrolment followed by 11 monthly Direct Debit payments.
4.4 Direct Debits set up under the RUGGERBUGS Ltd Direct Debit Scheme will be called on the 4th of each month.
4.5 Minimum age for the payee of any Direct Debit is 16 years.
4.6 The company reserves the right to withdraw the payment option schemes at any time and move the payer to a new payment scheme.
4.7 Sessions may be subject to price increases for which written notice will be given to all customers in a timely manner but not less than 30 days.
4.8 Where a member is unable to attend due to illness, holiday or other reason no refund, credit or discount of the session will be made.
CANCELLATION & FAILED PAYMENTS
- MEMBERSHIP CANCELLATION
5.1 The company requires the Parent / Carer to give a minimum of 30 days written notice (after the first 15 weeks of membership) to cancel their Membership.
5.2 If notice to cancel is made during the first 15 week of Membership, the full fees for that period will be due.
5.3 Notice must be in writing via e-mail to email@example.com
5.4 Failure to provide the correct written notice will result in session fees being applied and charged to the Parent / Carer.
5.5 Notice of Cancellation of Membership will not be accepted at the session / centre.
5.6 The company cannot be held responsible for correspondence not received.
5.7 No refund, credit or discount of the Membership and / or Session fees will be made where a Membership is cancelled.
- CANCELLED DIRECT DEBIT
6.1 A Parent / Carer may cancel their Direct Debit at any time by contacting their bank and cancelling the direct debit.
6.2 If cancelling a Membership then Membership Cancellation will apply, see Section 4.
6.3 If the company is informed by the bank that a direct debit has been cancelled, without notification from the payer, the member’s place at the sessions will be suspended and they will no longer be eligible to attend until alternative payment arrangements have been made. This will be subject to an Administration fee of £3 per transaction.
6.4 Failure to make alternative payment will result in immediate Membership termination and fees will remain outstanding.
6.5 If a Direct Debit payment fails for any reason on 4th of the month, the company will contact the payer to inform them to arrange for payment by an alternative method and if necessary complete a new Direct Debit mandate. This will be subject to an Administration fee of £1.50 per transaction
6.6 Upon leaving RUGGERBUGS, the payer is responsible for ensuring all outstanding fees, if applicable are settled within the timescale given either by Direct Debit or Bank Transfer (where the Direct Debit is already cancelled).
6.7 Where Direct Debits are cancelled by the payer prior to the final payment being taken then a £10.00 Administration Fee will be applied.
6.8 Where outstanding final fees are paid after the permitted timescale then the company reserves the right to add a £10.00 Administration Fee.
6.9 Once all outstanding fees are settled, the payer is responsible for ensuring that the Direct Debit is cancelled.
6.10 The company will not be held liable for payments taken where the payer has failed to cancel the Direct Debit once the final payment has been taken.
6.11 Refunds for failure to cancel a Direct Debit will not be made.
6.12 The company cannot be held responsible for correspondence not received.
6.13 The company reserves the right to refer unpaid fees to a debt collections agency in an attempt to address outstanding payments.
- PRICING & DELIVERY
7.1 Prices are correct at the time of going to print; however, the company reserves the right to amend pricing at any time.
7.2 Membership is on a continuous rolling basis (except for notified shutdowns) for the lifetime of the Membership.
7.3 Places cannot be held or guaranteed where members skip terms unless the term skipped is paid for in full.
7.4 The Member will NOT be allowed to participate in sessions unless their membership is active and fees are up to date.
7.5 Membership Packs will be delivered via a Courier to a member’s home address or centre at the next available slot. Where a territory is operated directly by RUGGERBUGS Ltd. Franchisees will issue packs directly at their centres.
7.6 Where a Member leaves and re-joins during the paid membership year (subject to availability) membership will be automatically reactivated. Where 6 or more months have passed, the company reserves the right to re-charge the full Enrolment fee.
7.7 No refunds, credit or discounts are given when a member leaves RUGGERBUGS.
8.1 The company supplies a RUGGERBUGS kit to wear at the sessions. This is provided at the time of Enrolment as part of the Membership Pack or at any time during a members membership.
8.2 During the Introductory Trial Period children should wear loose comfortable clothing.
8.3 The member is expected to wear suitable footwear to maximise their safety and freedom.
8.4 The company reserves the right to suspend or permanently exclude the Member from future sessions, with no refund of fees where appropriate clothing / footwear is not worn. In such situations, the company will aim to discuss the situation with the Parent and seek solution, before such action is taken.
8.5 The Company accepts no liability for clothing / footwear damaged, lost or stolen during the sessions.
8.6 RUGGERBUGS kits will need to be worn by members if attending RUGGERBUGS events.
8.7 In the event of a smaller / larger size being required after purchase, the whole item must be returned in the original packaging and tags attached to RUGGERBUGS Head Office within 14 days of purchase.
8.8 No refund, credit or discount will be given for items not returned in their original state, as per 8.7.
- HEALTH & SAFETY
9.1 The company will ensure that the Venue is appropriate to the needs of the session.
9.2 The company will carry out an annual venue Risk Assessment.
9.3 Issues arising from a Risk Assessment or customer concern will be discussed / bought to the attention of the venue to resolve.
9.3 Kit and Equipment is inspected on a termly basis.
9.4 Staff will undertake appropriate Health and Safety Training.
9.5 The company will not be held liable for issues arising at the centre, unless it is identified that the company is at fault.
9.6 Smoking is not permitted at the Venues / Session(s).
10.1 The Parent / Carer is responsible for informing the company of any special medical condition at the point of Trial, Enrolment and during Membership. This includes special needs and behavioural disorders.
10.2 The Parent / Carer attending the session/s with the member MUST remain in the immediate vicinity where the session/s is taking place at all times.
10.3 The Parent / Carer is ultimately responsible for the Member’s behaviour, participation, safety and welfare (including toilet and bathroom visits) during the session.
10.4. The Parent / Carer as soon as reasonably possible must notify the Company in writing of any changes to the information submitted on the original Enrolment Form.
10.5. The Parent / Carer agrees that other than in event of negligence of the company, insurance against personal injury or loss/damage is the responsibility of the Parent.
10.6. The Parent / Carer will be responsible for all costs / reimbursements of monies paid out by the Company as a result of actions by either the Member or Parent / Carer.
10.7 The Parent / Carer agrees that the Member or Parent / Carer will NOT attend a session if either has a significant infection, disease or condition.
11.1 If a Member’s behaviour is deemed disruptive, destructive, or dangerous to themselves, other Members, or Coaches during the session/s the Company reserves the right to suspend or permanently exclude the Member from future sessions with no refund of fees paid. In such situations, the company will aim to discuss the situation with the Parent / Carer and seek a solution, before such action is taken.
11.2 If a Parent / Carer’s behaviour is deemed unacceptable, the Company reserve the right to suspend or permanently exclude the Member from future sessions, with no refund of fees paid.
11.3 The Company will ensure that all staff act in a professional and appropriate manner. Where the Parent / Carer believes a member of staff is acting unprofessionally and/or inappropriately this should be brought to the attention of the Company immediately through the Company Complaints Procedure. A copy is available on request via e-mail at firstname.lastname@example.org
11.4 The Company’s Child Protection Policy is available for Parents / Carers to view on request.
- NON-ATTENDANCE / VENUE CHANGE / CLOSURE
12.1 If a Member is unable to attend a session/s the Parent should notify the Company as soon as possible. A message should be left on the Company answer phone 01279 797777 or by e-mail at email@example.com.
12.2 The Company reserves the right to cancel Membership in the event of non-attendance and / or non-renewal of session fees.
12.3 The Company reserves the right to change the venue of the centre or provide an alternative venue, when the regular venue is not available. The company will give as much notice as possible to the Parent / Carer.
12.4 Occasionally, a session may be cancelled / unable to run on a specific date or time due to the unavailability of the Venue or Coach/es. In the event of this happening, the Company will give as much notice as reasonably possible. Where session fees have already been paid, a credit will be applied to the members RUGGERBUGS account. No refund will be given.
12.5 At the end of the RUGGERBUGS year (August) or date of leaving, which ever falls first, the parent / carer will be advised of any credits on their child’s account. A deduction will be applied to the following months direct debit or refunded if membership has been cancelled (subject to correct notice being given).
12.5 No refunds or credits will be given for cancellation due to adverse weather conditions.
12.6 The Company reserves the right to terminate a centre without notice before or during a Membership. A full refund of outstanding session fees will be given for sessions not completed. The Company will have no other liability owing.
- CENTRE TRANSFER
13.1 A Member may transfer their Membership to another RUGGERBUGS Centre at any time subject to availability.
13.2 Transfers are only available where the member is relocating out of the area.
13.3 Ad-Hoc transfers between centres are not permitted unless agreed in writing with the company at firstname.lastname@example.org, such requests may be subject to a £10.00 Administration fee.
The Company reserves the right to refuse transfers.
- CLASS OBSERVATION
14.1 Parents/ Carers, siblings and guests are always welcome to observe a session.
14.2 Parents may participate if they wish to assist and encourage a member.
14.3 Siblings are not permitted to participate in the session/s unless they are enrolled in that class.
15.1 Parents / Carers are not permitted to take photos or videos at the session without prior authorisation of the company.
15.2 By accepting the Terms and Conditions a Parent / Carer consents to the member’s image being used to promote and advertise the company.
15.3 Consent can be withdrawn at any time in writing to the company.
15.4 A copy of the Company Photo Consent Policy is available on request by e-mail at email@example.com
16.1 By agreeing to these Terms & Conditions the Parent / Carer agrees not to share any aspects of RUGGERBUGS programme with a third party who may be involved in a business that operates in the same market as RUGGERBUGS.
16.2 The Parent / Carer agrees not be involved with any such company directly or indirectly during their Membership or for a period of 12 months following cancellation / termination of Membership.
16.3 The Parent / Carer agrees not to take, replicate or use any RUGGERBUGS material directly or indirectly for their own use or for use by a third party.
16.4 The Parent / Carer agrees not to set up a competing company during their Membership or for a period of 12 months following cancellation / termination of Membership.
- LIMITATION OF LIABILITY
17.1 The Parent / Carer agrees that any claim made against the company will be made in writing within 30 days of the incident taking place. Failure to report in writing within this time will negate any such claim.
17.2 The maximum aggregate liability for the company to the Participant, Parent / Carer will not exceed the Fees.
17.3 Neither the company, nor any Coach/es, nor any other employee, agent or other representative accepts responsibility in respect of loss, damage or expense incurred by a Member, Parent / Carer.
17.4 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 negligence of the company, it’s Coach/es, nor any other employee, agent and/or other representatives or affects the statutory rights of the Parent / Carer or member.
18.1 By agreeing to these Terms & Conditions the Parent / Carer consents that the data provided (non-financial) can be shared within the RUGGERBUGS group.
18.2 The Parent / Carer shall indemnify and keep indemnified the company against all loss (including loss of profit), liability, cost and expenses which the company may incur directly or indirectly as a consequence of any action or inaction of the Parent, Carer and/or Member.
18.3 Any notices to be sent by either party to the other are to be sent by 1st CLASS, pre-paid recorded delivery or hand delivered to the address of the relevant party and shall be deemed to have been received by the addressee within 48 hours of posting or immediately if hand delivered.
18.4 The failure by either party to enforce at any time or for any period, any one or more of the obligations arising under this contract shall not be a waiver of them or of the right at any time subsequently to enforce any or all such obligations.
18.5 These Terms & Conditions constitute to an entire agreement between the parties hereto and supersedes prior agreements and understandings between the parties.
18.6 This contract shall be governed by the laws of England and the parties submit to exclusive jurisdiction of the English courts.
18.7 Where a RUGGERBUGS Franchise operates outside of the United Kingdom the laws of its land will apply.
- FORCE MAJEURE
19.1 Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which events and/or circumstances are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy; provided that the parties stipulate that Force Majeure shall not include the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this agreement.
19.2 For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
20.1 During the pandemic the company will adhere to the current guidelines and restrictions laid down by the Government in the operation of the business.
20.1 The company will ensure that the relevant Risk Assessments are carried out and COVID Secure Measures are put in place to mitigate the risk of infection transmission for staff, parents / carers and children when attending sessions.
20.2 In the event of a local / national lockdown the company will move sessions to an online platform and advise parents / carers accordingly of the format and fees.
20.3 The standard terms regarding cancellation of membership during this time will apply.
RUGGERBUGS Oct 2020