1.1 Carer means the person or persons who attends the classes 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 “Pro Elite Football Academy” means the company or person with whom you have entered into this agreement; the title “Pro Elite Football Academy” where used in this document refers to the franchise running the Pro Elite Football Academy classes you are attending or enrolling on and no other entity.
1.4 Classes means the Pro Elite Football Academy classes you are attending.
1.5 Booking Form means the form relating to booking or rebooking of the child on to the classes.
1.6 Fee means the monetary cost per class as specified on the booking form.
1.7 Coach means the individual(s), employed by Pro Elite Football Academy to teach the classes. Whilst every effort will be taken to maintain the consistency of the Coaches during the classes, Pro Elite Football Academy retains the right to change the coaching staff where necessary.
1.8 Venue Premises means the premises where the classes take place.
1.9 Pupil means the child attending the classes, 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 Pro Elite Football Academy and the Parent.
2. Acceptance of Terms and Conditions
2.1 All agreements relating to the teaching of the classes by Pro Elite Football Academy 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 Pro Elite Football Academy 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.
3. Fee and Payment
3.1 Payment for the Football Classes is by monthly subscription. Fees are worked out per class, and the monthly payment is dependent on how many weeks there are in that month.
3.2 The Fee is non-refundable under any circumstances except with the prior agreement of Pro Elite Football Academy. Fees are non-refundable when a child is unable to attend.
3.3 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.
3.4 If classes have to take place outside due to the indoor facilities being unavailable, no refund will be given.
3.5 If the venue where the hire takes place is unavailable for any reason (e.g. due to examinations), another venue will be used during this period and no refunds will be given.
4. Cancellation
4.1 Pro Elite Football Academy may cancel this contract at any time before the Pupil commences the classes for any reason whatsoever. Pro Elite Football Academy shall not be liable for any loss or damage whatsoever arising from such cancellation.
4.2 Monthly fees are taken on the 1st of every month. We have a cancellation policy that requires 2 weeks’ notice. If you decide to no longer attend, please notify us by the 15th day of the month so that the next payment can be cancelled.
4.3 The Parent understands that sessions are to be used consecutively.
5. Parent’s Responsibility
5.1 The information set out in the registration and booking forms is correct (whether or not completed and/or signed by the Parent) and that Pro Elite Football Academy will be notified of any change in such information immediately.
5.2 When attending the classes, neither the Pupil nor the Parent/Carer will be suffering from any illness, disease or anything similar.
5.3 To comply with our safeguarding and child protection policy and best practice, Pro Elite Football Academy requests that parents/carers must not take photographs or videos at our classes. As our coaching staff are participating within the class we cannot always guarantee this, and we ask for parents’/carers’ full cooperation. Pro Elite Football Academy may organise a class photo shoot, but only with the Parent’s consent.
5.4 The Parent/Carer agrees the Pupil shall be deemed to be under the care and control of the Carer during the classes and whilst the Pupil is on the premises. The Parent shall indemnify Pro Elite Football Academy against all loss (including loss of profit), liability, costs and expenses which Pro Elite Football Academy may incur directly or indirectly as a consequence of any action or inaction of the Parent, Carer or Pupil.
5.5 Please ensure your child is wearing sports clothing and proper footwear for each class. Please wear appropriate clothing for the weather conditions when playing outdoors. You will be notified if the class will take place outdoors.
6. Discipline
6.1 In the event that Pro Elite Football Academy believes the Pupil’s or Carer’s behaviour is unacceptable, Pro Elite Football Academy shall be within their rights to exclude the Pupil and/or Carer for a period of time deemed fit.
6.2 The standard of behaviour regarded as unacceptable will be determined by Pro Elite Football Academy.
7. Exclusion of Liability
7.1 Except in the case of fraud and subject to clause 7.4 below, Pro Elite Football Academy, 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 classes (or any part of it) or any other act or omission on the part of Pro Elite Football Academy or its agents, even if such act or omission is negligent.
7.2 The Parent agrees (for and on behalf of the Parent and the Pupil) that any claim by the Parent or the Pupil against Pro Elite Football Academy or any coach, employee or agent of Pro Elite Football Academy 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 Pupil) that the maximum aggregate liability of Pro Elite Football Academy to the Parent and/or Pupil 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 Pro Elite Football Academy, its coaches, servants, employees or agents, or affect the statutory rights of the Parent or Pupil.
8. 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. Pro Elite Football Academy does 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 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 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.
