1. Definitions

1.1

“Carer” means the person / persons who attend the sessions/events or any part of it, with the young person(s).

1.2

“Supervisor” means the individual(s), employed by FTY FLY supervise a Session/Event. Whilst every effort will be taken to maintain the consistency of the Supervisors during the Session/Event, by FTY FLY unreservedly retain the right to change the staff where necessary.

1.3

“Session/Event” means the FTY FLY Session/Event you are attending.

1.4

“Booking” means the online booking relating to the enrolment of the person(s) on the Session/Event, by the Parent.

1.5

“Fee” means the monetary cost per Session/Event as specified on the booking form.

1.6

“FTY FLY” means the company or person with whom you have entered into this agreement.

1.7

“New Customers” refers to participants who are attending a FTY FLY Session/Event for the first time.

1.8

“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.

1.9

“Premises” means the venue where the Session/Event takes place.

1.10

“Participant” means the person attending the Session/Event, whose details are specified by the Parent or Carer on the Booking Form.

1.11

“Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by FTY FLY and the Parent.

1.12

”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

2. Acceptance of Terms and Conditions.

2.1

Please read these terms carefully before you book our Session/Event. These terms tell you who we are, how we will provide Sessions/Events to you, how you and we may change or end the contract, what to do if there is a

problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2.2

All those wishing to attend a FTY FLY Session/Event must agree to the terms and conditions set out below. The Terms shall be deemed to have been accepted by the Parent/Participant upon payment of the Fee by or on behalf of the Parent/Participant. Payment by a Carer shall be deemed to have been made on behalf of the Parent/Participant.

2.3

These are the terms and conditions on which we provide FTY FLY Session/Event to you. No variation or addition to the Terms shall be binding unless agreed in writing by FTY FLY and the Parent/Participant.

2.4

All agreements relating to the organisation of the Session/Event by FTY FLY to the Participant are subject to these Terms to the exclusion of all other terms and conditions.

2.5

In the unlikely event of a customer failing to abide by these terms and conditions, a customer may be requested to discontinue with FTY FLY. In this instance FTY FLY will be under no obligation to provide a refund for any outstanding lessons.

2.6

The Parent/Participant and/or Carer agrees to keep the content of the FTY FLY Session/Event and any FTY FLY Programme confidential and not to copy or use any aspect of the FTY FLY Programme directly or indirectly.

3. Information about Head Office and how to contact us.

3.1

FTY FLY Ltd is a company registered in England, number 13925083. Our registered office address is:

75 Bournemouth Road Chandlers Ford Eastleigh Hampshire SO50 3AP

3.2

To contact FTY FLY please contact us by email [email protected]

3.3

If we have to contact you we will do so by text message (including WhatsApp), telephone or by writing to you at the email address or postal address you provided to us upon booking a Class.

4. Booking, Payment & Cancellation

4.1 Booking a Session/Event

4.1.1

You can request a Session/Event booking over the phone or via email; however, to secure a place a booking and payment needs to be made online at https://bookwhen.com/ftyfly

4.1.2

You must provide us with specific personal information in order to book a Session/Event with us. Full details of the information we collect can be found in our Data Privacy Policy here https://ftyfly.co.uk/privacy-policy/

4.1.3

During the booking process, you will be asked to read and agree to our Terms and Conditions (this document), which include our Session/Event Rules. Upon completion, you will receive a confirmation email detailing what you have booked, information about the time/location of your Session/Event and any other information.

4.1.4

All Session/Event timetables are correct at time of publishing. If your Session/Event time/location changes, we will contact you.

4.1.5

All of our prices include standard rate VAT where applicable.

4.2 Payment

4.2.1

Sessions/Events are booked for on a pay-as-you-go basis.

4.2.2

The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of FTY FLY.

4.2.3

If Session/Event is cancelled as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, pandemics etc), strikes, terrorist activity, or where local authorities/public guidance advise that classes should be temporarily suspended for health or other reasons, then no refunds nor credits shall be given.

4.2.4

If your Session/Event Fee changes you will be notified of the revised Fee by FTY FLY

4.2.5

When paying online, we will accept: Visa Credit, Visa Debit, MasterCard Credit, MasterCard Debit, American Express

5. Cancellation by FTY FLY

5.1

In the unlikely event of ‘last minute’ Session/Event changes or a Session/Event cancellation by us, FTY FLY will notify you with as much notice as possible. FTY FLY is not liable for any expenses incurred by a customer failing to pick up their message.

5.2

If a Session/Event is changed or cancelled by FTY FLY, we will offer you either an alternative Session/Event to attend or a refund will be given.

5.3

If insufficient Participants are booked into your Session/Event, we reserve the right to cancel the Session/Event. In this instance we will offer you either an alternative Session/Event to attend or a refund will be given.

5.4

In the event of cancellation by FTY FLY prior to the commencement of the Session/Event by the Participant, FTY FLY will refund any fees within 30 days.

6. Attendance

6.1

If you are unable to attend your Session/Event you may choose to “Send-a-Friend” instead. The send-a-friend option enables you to send a ‘substitute’ Participant. The substitute Participant must supply full contact information and be provided on arrival.

7. Cancellation by the Parent / Carer / Participant

7.1.

The cancellation rights generally available to consumers in accordance with their statutory rights do not apply to the classes provided by us.

8. Parent’s Responsibility.

8.1

The Parent/Participant warrants and represents that;

8.1.1

The information set out in the Booking Form (whether or not completed and/or signed by the Parent/Participant) is accurate in all respects and the Parent/Participant will notify FTY FLY of any change in such information immediately.

8.1.2

When attending the Session/Event, neither the Participant nor the Parent/Carer will be suffering from any contagious illness, disease, injury or anything similar thereto.

8.1.3

It is the customer’s responsibility to inform the local provider of any condition that could affect their own* or their child’s capabilities during the Session/Event. You must agree to inform us of any changes, as soon as you become aware of them. All information provided to us will be treated as strictly confidential.

8.1.4

The Parent/Participant acknowledges and agrees that the Participant shall be deemed to be under the direction, care and control of the Carer throughout the Session/Event and the Carer shall be responsible for the welfare and conduct of the Participant throughout the Session/Event and whilst the Participant is on the Premises if under the age of 16.

8.1.5

The Parent/Participant shall indemnify and keep indemnified FTY FLY against all loss (including loss of profit), liability, costs and expenses

which FTY FLY shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Participant.

8.1.6

Customers are expected to behave in a civilised and respectful manner at all times towards the Supervisors, other customers and any members of the public who are on the Premises. In the event that FTY FLY determines the behaviour of the Participant and/or the Parent/Carer to be unacceptable, FTY FLY shall be entitled to exclude the Participant and the Parent/Carer (or either of them) from Session/Event and Premises permanently or for such period as FTY FLY shall (in its entire discretion) determine.

8.1.7

The standard of behaviour, which is to be regarded as unacceptable at a Session/Event or on the Premises, shall be determined by FTY FLY.

8.1.8

Where circumstances and conditions allow, the Parent is allowed to bring siblings of the Participant onto the Premises as long as long as they do not get involved in the Session/Event. The sibling is the responsibility of the Parent/Carer at all times. If the sibling needs attention that requires the Parent/Carer to leave the Premises, the Participant must accompany the Parent/Carer and must not be left with the Supervisor.

8.1.9

Customers accept that at times there could be physical contact between the Supervisor and their child, which will always be carried out in a professional and caring manner.

8.2. Session Rules;

8.2.1

For Health and Safety purposes Parent/Carer is responsible for supervising their child(ren) in and around the Premises prior to their Session/Event start time.

8.2.2

Parents/Carers are responsible for their child when he/she is attending a FTY FLY Session/Event. Parents/Carers should stay within easy sight and reach of their child at all times.

8.2.3

Parents/Carers should let the Supervising team know if they have to leave the Session/Event early for any reason; this is for emergency evacuation purposes.

8.2.4

Siblings, buggies and associated equipment must remain off or as far back from the playing area at all times. ‘Pitch invaders’ are not covered by our accident insurance if they cause or are involved in an accident (see Clause 8.1.8)

8.2.5

Parents/Carers should provide water but no food must be eaten on the equipment areas to avoid the hazard of choking.

8.2.6

Parents/Carers should take all litter home with them following Sessions/Events.

8.2.7

Parents/Carers should ensure their child is wearing athletic clothing and proper footwear for each Session/Event.

9. Complaint’s Procedure

9.1

We hope you will be delighted with our service but if you are at all unhappy please speak to the Supervisor.

9.1.1

If the response is not satisfactory, please send your complaint in writing to the address set out above.

10. Website & Social Media Information

10.1

The material made available in this site, including materials in linked sites directly or indirectly accessible from this site, are provided ‘as is’, with no warranty of any kind, express or implied, including those of merchantability and fitness for a particular purpose. Any reference to linked sites or to third party companies, products or services by name does not constitute or infer its endorsement by FTY FLY. FTY FLY has used all reasonable endeavours to ensure that information provided through this website is accurate at the time of inclusion, however it accepts no liability for any inaccuracies, errors or omissions in the site. The information available on the site may be incomplete, out of date or inaccurate. FTY FLY reserves the right at any time and without prior notice to make changes and corrections to the material on the site. FTY FLY accepts no liability for any loss or damage of whatsoever nature caused by the use or the inability to use the materials available in this site or any linked site. FTY FLY has taken all reasonable steps to ensure that the Intellectual Property of third parties is not infringed. If however, you genuinely believe that the material on this site infringes any Intellectual Property rights, please contact FTY FLY directly.

11. Exclusion of Liability

11.1

Except in the case of fraud, FTY FLY, its Supervisors, 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 Participant or any other party arising directly or indirectly or in any way connected with the attendance of the Participant at the Session/Event (or any part of it) or any other act or omission on the part of FTY FLY or any of its coaches, employees or agents even if such act or omission is negligent.

11.2

The Parent agrees (for and on behalf of the Parent and the Participant) that any claim by the Parent or the Participant against FTY FLY or any Supervisor, employee or agent of FTY FLY must be brought within 60 days

of the event that gave rise to such claim. Any claim made thereafter shall be time-barred.

11.3

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

11.4

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 FTY FLY, its Supervisors, servants, employees or agents or affects the statutory rights of the Parent or Participant.

12. General.

12.1

FTY FLY accepts the service of documents via email and any notices to be sent by either party to the other shall be sent in writing.

12.2

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.

12.3

Nobody else has any rights under this contract. This contract is between you and FTY FLY. No other person shall have any rights to enforce any of its terms.

12.4

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.5

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the service, we can still require you to make the payment at a later date.

12.6

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 both party and which is not contained herein shall be binding or form part of this Agreement.

12.7

The safety and wellbeing of your child or the child in your care is of the upmost importance to FTY FLY. We have a responsibility to report any inappropriate or suspicious behaviour to the relevant authorities.

12.8

Whilst we will try to ensure you always have the same Supervisor in a particular Session/Event, we cannot guarantee this as Supervisors may fall ill, leave or cancel for personal reasons.

12.9

We reserve the right to make amendments to our Terms and Conditions at any time to reflect changes in our business or statutory obligations. The new version will be posted on our website and will take effect immediately upon posting. If applicable these changes will be communicated to all our customers by email. If you book lessons after the new Terms and Conditions have come into effect as part of your booking process you will indicate your agreement to be bound by them.

12.10

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

Photography and Filming

We understand that from time to time you may wish to take a photo or video recording of your child in Session/Event. We ask that you do so in a way that shows sensitivity to others whilst recognising their right to privacy.

You must therefore always adhere to the following rules:

Images and recordings must not be taken in such a way as to interfere with the running of the Session/Event, cause disruption to other Parents or Participants or cause a distraction to the Supervisor conducting the Session/Event.

Images and recordings must not be taken in such a way as to cause a safety hazard to others in the venue.

The use of tripods or professional recording equipment is not permitted at any time unless you have our express written permission.

You must take care to ensure that only your child’s image is captured.

You must not take photographs and/or video footage of anyone else’s child unless you have prior agreement from the parent/guardian of other children.

If asked to stop filming or taking photographs then you must do so immediately.

If you are concerned that your own child may be being filmed or photographed by another customer without your permission then you have the right to ask them to stop. Please approach the parent yourself if possible but speak to the Supervisor if you continue to have any concerns.

Some venues may have a strict ‘no photography or filming rule’. Where this is the case we will always endeavour to notify you. The policy of the individual venue must be adhered to at all times.

The Supervisor has the right to view the photographs taken and to delete any photograph that they deem inappropriate.

Anyone found to be in breach of the above terms may be asked to leave the class immediately and no refund will be offered.