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Definitions

1.1 “Carer” means the person / persons who attend the course or any part of it, with the participant.

1.2 “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.

1.3 “First Touch FC Limited” means the company whom you have entered into this agreement with.

1.4 “Course” means the First Touch course participant is attending or enrolled on.

1.5 “Enrolment Form” means the form relating to the enrolment or re-enrolment of the participant on the course.

1.6 “Fee” means the value chargeable per course or session as specified on the enrolment form.

1.7 “Coach” means the individual(s), contracted or employed by First Touch to teach the course.

1.8 “Premises” means the premises where the course takes place.

1.9 “Participant” or “Player” means the child attending the course, whose details are specified by the Parent/Carer on the Enrolment Form.

1.10 “Terms & Conditions” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by First Touch FC Limited and the Parent.

1.11 “Term” means the agreed dates on the Enrolment/Booking Form and as described on the Website

1.12 ” Session” the class or session participant is attending

Acceptance of Terms and Conditions

2.1 All agreements relating to the teaching of the Session and/or Course by First Touch FC Limited to the Participant 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 First Touch FC Limited and the Parent.

2.3 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 the Carer shall be deemed to have been made on behalf of the Parent.

2.4 The Parent and/or Carer agree to keep the content of the First Touch FC Limited courses and the First Touch Training Programme confidential, and not to copy or use any aspect of the Programme directly or indirectly.

2.5 The Parent and/or Carer agrees not to directly or indirectly manage, operate or assist in the organisation of any business which competes with First Touch FC Limited while the Participant is a member of First Touch FC Limited and for a period of two years afterwards.

Bookings and Payments

3.1 Participants must be pre-registered prior to the start date of the course or session. First Touch FC Limited will not accept children or Participant into sessions that have not been booked into courses and sessions in advance. All bookings are on a first come first serve basis.

3.2 Registration and bookings can be made via telephone or through our secure website (First-Touch.co.uk). Once booked, an email with confirmation and receipt will sent to the specified address. First Touch FC is not liable for the delivery failure of any receipts sent to incorrect email addresses.

3.3 First Touch FC only accepts debit, and credit card payments.

3.4 Payment for a session or course shall be paid anytime before the beginning of course or session, failure to do so within 7 days of first session, will result in enrolment cancellation and Participant will be denied participating in future sessions.

3.5 Payments are non-refundable and First Touch FC Limited does not issue refunds under any circumstances. In case of missing a session of a course, First Touch FC Limited will issue a discount voucher for future bookings of private lessons and birthday parties.

3.6 No refund will be given in the case of classes cancelled as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, etc), First Touch FC Limited will do its best to its best to reschedule the session for Course sessions only.

Cancellation

4.1 First Touch FC Limited may cancel this contract at any time before the Participant commences the Course or Session for any reason whatsoever. First Touch FC Limited shall not be liable for any loss or damage arising from such cancellation.

4.2 In the event of cancellation by First Touch FC Limited prior to the commencement of the Course or Session by the Participant, First Touch FC Limited may or may not refund any fees for outstanding classes.

Parent’s Responsibility

 The Parent warrants and represents that:

5.1 The information set out in the enrolment form (whether or not completed and/or signed by the Parent) is in all respects accurate and the Parent will notify First Touch FC Limited immediately of any change in such information.

5.2 When attending the Course or Session, neither the Participant nor the Carer will be suffering from any illness, disease or anything similar thereto.

5.3 The Parent acknowledges and agrees that the Participant shall be deemed to be under the direction, care and control of the Carer throughout the course or session and the Carer shall be responsible for the welfare and conduct of the Participant throughout the session and whilst on the Premises.

5.4 The Parent shall indemnify and keep indemnified First Touch FC Limited against all loss (including loss of profit), liability, costs and expenses which First Touch FC Limited shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Participant.

Discipline

6.1 First Touch FC Limited shall determine the standard of behaviour, which is to be regarded as unacceptable at a Course and/or Session and/or on Premises.

 

6.2 In the event that First Touch FC Limited determines the behaviour of the Participant and/or the Carer to be unacceptable, First Touch FC Limited shall be entitled to exclude the Participant and the Carer (or either of them) from Course and/or Session and Premises permanently or for a period to be determined by First Touch FC Limited (in its entire discretion)

Exclusion of Liability

7.1 Except in the case of fraud and subject to clause 7 below, First Touch FC Limited, its coaches, servants, employees, contractors 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 Participant or any other party arising directly or indirectly or in any way connected with the attendance of the Participant at the Session and/or Course (or any part of it) or any other act or omission on the part of First Touch FC Limited or any of its coaches, servants, employees, contractors or agents even if such act or omission is negligent.

7.2 The Parent agrees (for and on behalf of the Parent and the Participant) that any claim by the Parent or the Participant against First Touch FC Limited or any coach, employee, contractor or agent of First Touch FC Limited must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be time barred.

7.3 The Parent acknowledges, warrants and undertakes (for and on behalf of the Parent and the Participant) that the maximum aggregate liability of First Touch FC Limited to the Parent and/or Participant under these terms shall not exceed the Fee.

7.4 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 First Touch FC Limited, its coaches, servants, employees or agents or affects the statutory rights of the Parent or Participant.

General

8.1 Any notices to be sent by either party to the other shall be sent by pre-paid recorded delivery or registered post 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 if sent by post and immediately if hand delivered. First Touch FC Limited do not accept service of documents by email or fax.

8.2 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.

8.3 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 of which is not contained herein shall be binding or form part of this Agreement.

8.4 This entire agreement shall be governed by English Law and shall fall under English jurisdiction.

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