Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and BabyBallers Academy, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content”means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; “Service”means collectively any online facilities, tools, services or information that BabyBallers Academy makes available through the Website either now or in the future; “System”means any online communications infrastructure that BabyBallers Academy makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; “User” / “Users”means any third party that accesses the Website and is not employed by BabyBallers Academy and acting in the course of their employment; and “Website”means the website that you are currently using (www.babyballersacademy.co.uk) and any sub-domains of this site (e.g. subdomain.babyballersacademy.co.uk) unless expressly excluded by their own terms and conditions.

INTELLECTUAL PROPERTY

All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of BabyBallers Academy, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by BabyBallers Academy.

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

LINKS TO OTHER WEBSITES

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of BabyBallers Academy or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

LINKS TO THIS WEBSITE

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.aspireinmind.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of BabyBallers Academy To find out more please contact us by email at info(@)babyballersacademy.co.uk or submit a message on our contact page.

1. Acceptance of Terms and Conditions.

1.1 

Please read these terms carefully before you book our classes. These terms tell you who we are, how we will provide classes 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.

1.2 

All those wishing to attend a BabyBallers Class must agree to the terms and conditions set out below. 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.

1.3 

These are the terms and conditions on which we provide BabyBallers Classes to you. No variation or addition to the Terms shall be binding unless agreed in writing by BabyBallers and the Parent.

1.4

All agreements relating to the teaching of the Class by BabyBallers to the Pupil are subject to these Terms to the exclusion of all other terms and conditions.

1.5 

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

1.6 

The Parent and/or Carer agrees to keep the content of the BabyBallers Classes confidential and not to copy or use any aspect of the BabyBallers Classes directly or indirectly. The Parent and/or Carer agrees not to directly or indirectly manage, operate or assist in the organisation of any business which competes with BabyBallers while the Pupil is a member of BabyBallers and for a period of two years afterwards.

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

2.1 

BabyBallers Franchise Limited, is a company registered in England, number 10582027. Our registered office address is Henry Brake House 46 Hullbridge Road South Woodham Ferrers, Chelmsford, Essex, England, CM3 5NG

2.2

For specific questions about your BabyBallers Class, please contact us directly by email support@babyballers.com

2.3 

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 Course.

3. Booking, Payment & Cancellation.

3.1 Booking a class

3.1.1

You can make a class booking with your local BabyBallers provider online at their dedicated booking website.

3.1.2

You must provide us with specific personal information in order to book a class with us. Full details of the information we collect can be found in our Data Privacy Policy here: https://www.babyballers.com/privacy-policy

3.1.3

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

3.1.4

All class timetables are correct at time of publishing. If your class time/location changes, your local provider will contact you.

3.1.5

All of our prices include standard rate VAT where applicable.

3.2 Payment

3.2.1

Lessons are paid for monthly in advance and must be paid in full prior to the Pupil commencing the Course. Your initial payment will comprise your first month of Course Fees as well as the Membership Fee. Subsequent monthly payments will be taken automatically on the 1st of every month. Your monthly Fee will be based on your current class Fee, reduced by any credits that are on your account e.g. cancelled lesson credits.

 3.2.2

You hereby authorise BabyBallers to take automatic monthly payments on the basis described in 3.2.1 above until such time as you give us 30-days written notice to cancel this authorisation. Payments will be taken from the card from which you made your last payment. If you want to change the card details, please contact your local BabyBallers provider.

 3.2.3

It is your responsibility to make sure that there are sufficient funds in your account and that the saved card is valid. If an automatic payment has failed, you will be notified and there will be two more attempts for payment to be made. If payment is still not processed you will lose your place in the class. You will be responsible for any fees or penalties that BabyBallers incurs as a result of a failed payment.

3.2.4

The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of BabyBallers, unless the child has attended the first class of their Course and given notice (in writing) that they will not be continuing to attend classes within 24 hours of attending the first class, in which case the course fees, excluding any Membership Fee, will be refunded in full within 30 days.

3.2.5

If classes are cancelled as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, 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.

3.2.6 If your class fee changes you will be notified of your revised payment schedule by your local BabyBallers provider. 3.2.7

Birthday Parties and Holiday Courses are run separately from our regular Courses. Payment for these will be taken separately from your automatic monthly payments and will not affect your regular payment due dates. 3.2.8

When paying online, we will accept: Visa Credit, Visa Debit, MasterCard Credit, MasterCard Debit, Visa Electron, JCB.

4. Cancellation by BabyBallers

4.1

BabyBallers may cancel this contract at any time before the Pupil commences the Course for any reason whatsoever. BabyBallers shall not be liable for any loss or damage whatsoever arising from such cancellation.

4.2

In the unlikely event of ‘last minute’ lesson changes or a lesson cancellation by us, BabyBallers will notify you with as much notice as possible. BabyBallers will not reimburse any expenses incurred by a customer failing to pick up their message.

4.3

If a lesson is cancelled by BabyBallers, we will offer you a credit for the value of the cancelled lesson to be added to your account, which will be deducted from your next automatic payment.

4.4

If insufficient children are booked into your class, we reserve the right to cancel the class. In this instance we will offer you either an alternative class to attend or a refund will be given for any remaining sessions after the cancellation.

4.5

In the event of cancellation by BabyBallers prior to the commencement of the Course by the Pupil, BabyBallers will refund any fees for outstanding classes within 30 days

4.6

The Parent understands that sessions are ongoing and to be used consecutively. No credits or refunds will be issued for missed classes (see Clause 5).

5. Attendance

5.1

Your lesson payment has reserved your place just for you and if you miss a lesson for any reason we are unable to refund you. If you know you are unable to attend a lesson, please let us know by giving at least 48 hours notice by emailing or telephoning your local provider.

5.2

If, having let us know you are unable to attend your normal lesson, your circumstances change and you are, in fact, able to attend the lesson, you must speak to your local provider first. Please do not just turn up to your normal lesson as; if the lesson is full, your child will not be able to play for insurance reasons.

5.3

If you are unable to attend your session you may choose to “Send-a-Friend” instead. The BabyBallers send-a-friend option enables parents to send a ‘substitute’ child, in place of their own for any missed sessions. Subject to availability. Please contact your local provider for more details. The substitute child must be the correct age to attend the customer’s class.

6. Cancellation by the Parent / Carer

6.1

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

6.2

For New Customers our customer guarantee is that you will love the BabyBallers classes, however if for any reason you attend your first session and decide that it is not for you, we will offer you a full refund as long as you notify us in writing of your intention not to continue, within 24 hours of attending your first session. If your request is not received in writing and/or is received after 24 hours of your first session, you will not be eligible for a refund.

6.3

Existing customers who want to cancel their course can do so by notifying their local provider, in writing, and giving 1 month’s (30 days) notice. BabyBallers will confirm the date of the customer’s final class when the notice has been received. No refund nor credit will be given for any class(es) that are unattended prior to and including the customer’s final class, unless BabyBallers cancels a session (see clause 4).

7. Parent's Responsibility.

7.1

The Parent warrants and represents that;

7.1.1

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

7.1.2

When attending the Course, neither the Pupil nor the Carer will be suffering from any contagious illness, disease, injury or anything similar thereto.

7.1.3

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 sessions. You must agree to inform us of any changes, as soon as you become aware of them. This can be updated by contacting your local office. All information provided to us will be treated as strictly confidential.

*BabyBallers classes require Parent participation*.

7.1.4

The Parent acknowledges and agrees that the Pupil shall be deemed to be under the direction, care and control of the Carer throughout the Class and the Carer shall be responsible for the welfare and conduct of the Pupil throughout the Course and whilst the Pupil is on the Premises.

7.1.5

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

7.1.6

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

7.1.7

The standard of behaviour which is to be regarded as unacceptable at a Course or on the Premises shall be determined by BabyBallers.

7.1.8

The Parent is allowed to bring siblings of the Pupil onto the Premises as long as they do not get involved in the lesson (unless the sibling enrolls into the appropriate age-group class). 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 Pupil must accompany the Parent/Carer and must not be left with the Coach.

7.1.9

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

7.2. Session Rules;

7.2.1

For Health and Safety purposes please supervise your child(ren) around the pitch/venue prior to your session start time.

7.2.2

Please remember that you are the responsible adult for your child when he/she is attending a BabyBallers session*. Responsible adults should stay within easy sight and reach of their child at all times.

7.2.3

Please help us start and finish sessions on time by arriving promptly for your session and taking any litter home with you when you leave. Please let the coaching team know if you have to leave the session early for any reason; this is for emergency evacuation purposes.

7.2.4

Please keep siblings, buggies and associated equipment 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 7.1.8)

7.2.5

Please assist us to ensure that the session runs smoothly by firmly requiring your child to sit with you on the sidelines for a full 3 minute ‘time-out and calm down’ as may be requested by the Coach at any time during the session.

7.2.6

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

7.2.7

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

7.2.8

To comply with our ‘Safeguarding & Child Protection Policy’ and best practice, we request that parents/carers DO NOT take photographs or videos at BabyBallers sessions. Whilst our coaches will do their best to enforce a total ban on the use of photographic/film or video equipment by parents/carers at classes, due to the nature of their work and the concentration required during the delivery of sessions, we are unable to guarantee this, and your cooperation would be appreciated. From time to time BabyBallers may organise class photo shoots, but only where all parental consents have been obtained.

7.2.9

Please try to keep noise and disturbance from the sidelines to a minimum to avoid distracting your child and others.

7.2.10

Please ensure your child is wearing athletic clothing and proper footwear for each session. Ensure that you have packed appropriate clothing for all weather conditions for those sessions that are running outdoors (your local BabyBallers provider will notify you if a session takes place outdoors).

7.2.11

Although general advice will be offered, no requests for transfers, moving up age groups or changing venues or sessions can be confirmed on the spot at classes. Absolutely no cash/cheques or enrolment forms will be accepted at the class. Please call the administration number on your enrolment information to discuss the matter with the administration team.

8. Complaint’s Procedure

8.1

We hope you will be delighted with our service but if you are at all unhappy please follow our complaints procedure:

8.1.1

Speak to the Coach, or telephone your local BabyBallers provider, who will try to resolve the matter to your satisfaction.

8.1.2

If the response is not satisfactory, please send your complaint in writing to your local BabyBallers provider.

PRIVACY

Use of the Website is also governed by our www.babyballersacademy.co.uk/privacy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

DISCLAIMERS

BabyBallers Academy makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

Whilst BabyBallers Academy uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

Availability of the Website and Modifications

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

BabyBallers Academy accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

BabyBallers Academy reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, BabyBallers Academy accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts BabyBallers Academy liability for death or personal injury resulting from any negligence or fraud on the part of BabyBallers Academy.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

NO WAIVER

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and BabyBallers Academy.

Communications

All notices/communications shall be sent to us either by post to our Premises (see address above) or by email to info(@)babyballersacademy.co.uk Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

BabyBallers Academy may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.

LAW AND JURISDICTION

These terms and conditions and the relationship between you and BabyBallers Academy shall be governed by and construed in accordance with the Law of England and Wales and BabyBallers Academy and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.