TERMS & CONDITIONS

Chris Nay Sports

 October 2021

These are the Terms and Conditions of the Chris Nay Sports (CN Active).

1. General

a. ‘Customer’ is any person, business, school, or organisation which has contacted CN Active requesting information, or who has entered an Agreement with CN Active for the provision of but not limited to sports activities for primary school children (the Sports).
b. ‘Child’ or ‘Children’ – is the child or children aged between four and eleven years, for whom the Customer is a parent or carer, who personally takes part in the Sports.
c. ‘Agreement’ – The legal agreement between CN Active and the Customer for the provision of Sports to the Child.
d. ‘Sports Camp’ – is any out of school sports camp held at school or other premises by CN Active.
e. ‘Training’ – is where CN Active provides training for football and futsal.
f. ‘School Sports Coaching’- CN Active work with staff at schools in various sports activities.
g. ‘Website’ – https://cnsactive.co.uk
h. ‘Charge’- The sum payable for the provision of the Sports agreed with the Customer.
i. ‘Payment’ – by bank transfer.
j. ‘Days’- Monday to Friday excluding Bank Holidays.
k. These Terms and Conditions and the Agreement will represent the whole of the terms between CN Active and the Customer. Any changes to these must be agreed in writing by CN Active.

2. The Sports
a. The descriptions of the Sports by CN Active will be as accurate as possible and provided in good faith.
b. The Customer must satisfy themselves that the Sports as described meet their requirements. CN Active are always willing to answer any questions or queries.
c. The Customer must accept that the Sports supplied may vary slightly from what is set out initially and by entering the Agreement the Customer accepts this.
d. If the Customer has any requirements that are essential to them, they must contact CN Active to discuss the matter before entering an Agreement to ensure this is acceptable to CN Active.
e. CN Active reserves the right to amend any Agreement where in its professional opinion such amendment will lead to an improved result for the Child.
f. CN Active reserves the right to subcontract any Sports.

 

3. The Agreement

a. For the Sports Camp, the Agreement is made when the Customer books through the Website or otherwise indicates they wish to proceed and pays the Charge in the manner requested.
b. For Training, the Agreement is made when the Customer and Child will appear suitably dressed at the time and specified and pay the Charge for the training session.
c. For School Sports Coaching the Agreement is made when the Sports session is booked with CN Active by supplying the timetable for the current school year.
d. Any Agreement from month to month will continue until terminated by one party giving the other one month’s notice in writing.
e. CN Active can terminate any Agreement immediately should the Customer commit a material breach of the Agreement or these Terms and Conditions.
f. The Agreement can only be amended with the consent of CN Active in writing. The Customer must accept that requested amendments may incur additional Charges.
g. CN Active has the right to discontinue the provision of any Sports if it believes they could be libellous, illegal or a breach of any third-party rights.
h. The Customer will have the opportunity to read these Terms and Conditions and any questions answered before entering the Agreement and so the Customer is accepting these Terms and Conditions by entering the Agreement.

 

4. The Customer’s Obligations

a. The Customer must provide all the necessary details for the Sports to be organised as soon as possible. This may include a medical questionnaire about the Child.
b. Information provided by the Customer to CN Active must be complete, accurate and provided in a reasonable period in good faith. Any changes in facts or relevant activities must be communicated to CN Active as soon as possible. The Customer accepts that changes could lead to the Agreement being amended to cover the change in circumstances.
c. Any delay in the provision of the Sports arising from the failure of the Customer to perform its obligations shall not be the responsibility of CN Active and the Customer shall accept this.

 

5. The Child

a. The Child is the person attending the Sports provided by CN Active.
b. CN Active will have a minimum age for each Sports session. If any Child is suspected of being under that age they may be asked for proof of age.
c. The Customer must give consent to CN Active in writing for them to attend the Sports and to hold the Child’s data.
d. Chris Nay and any employees or contractors who have contact with the Child will always be in possession of a clear Disclosure and Barring (DBS) check and be first aid trained.
e. The Child must always act respectfully towards CN Active staff and any other children participating in the Sports that they encounter. Bad behaviour will not be tolerated.
f. The Customer will be informed of any problems or inappropriate behaviour from the Child and be expected to take steps to avoid its continuance or repetition. In extreme circumstances the Customer may be asked to remove the Child if their behaviour is impacting badly on the experience of the other Children or staff in attendance. No refund will be given in such circumstances.
g. The Customer must use their best endeavours to ensure the Child engages fully with the Sports provided. Any problems or issues of any kind must immediately be passed to CN Active.
h. The staff and contractors at CN Active are not trained in personal care and do not expect to be involved in this area. All Children must be toilet trained. If the Customer is concerned about this, they must discuss the situation with CN Active who will endeavour to seek a solution.
i. CN Active must be informed of any Child with additional needs at the outset by contacting CN Active by telephone before making a booking or attending Training so a discussion can be had as to if they can be accommodated. Every effort will be made but it is not always possible due to the extra staff required. CN Active is investigating avenues to provide more funding for this, and availability will vary from time to time.
j. C N Active does not offer 1 to 1 support as standard. It would need to be prearranged after prior notice. It may incur an additional Charge due to the increased level of staffing involved if no funding is available.
k. C N Active request that an adult is always in attendance at Training sessions for each Child.
l. The Child must not use any mobile phone when attending a session except in an emergency. They must not use it to take any photos or video of any other Children in attendance or the staff or contractors.
m. Children are asked not to bring any valuable or other personal belongings with them to Sports sessions. CN Active accepts no liability for their safety or if they go missing or are broken. This includes mobile phones. If necessary, items should be passed to a member of staff for safekeeping.

 

6. Equipment

a. The Child will be supplied with essential equipment for the Sports sessions.
b. The Child will be informed as to what clothing is appropriate for the Sports and this should be complied with. If there are any issues, please speak to a member of staff confidentially.
c. All equipment and the belongings of other children must be treated with respect and care.

 

7. Photographs

a. The Child may be part of a group of similar children when completing the Sports and the sessions may be photographed for marketing and training purposes. The Customer will be asked for their permission for the Child to be recorded or photographed in this way. This consent can be withdrawn but the Customer must realise the photos or video may be on social media or otherwise online and cannot be recovered.
b. No Customer or Child should take photographs of other children attending the Sports without the consent of the parents or carers of those children which they must obtain.

 

8. Parties

a. CN Active can provide football and sports parties for Children.
b. The Customer must contact Chris Nay direct to discuss their requirements and possible venues.
c. The Contract is made when the Customer confirms in writing /by email to CN Active that they wish to proceed and pay the Charge required at that time.
d. The full Charge must be paid at least five days before the date of the Party.

 

9. Medical Information

a. The Customer will be asked or certain medical information about the Child. It is essential CN Active are informed of full medical information, allergies, and additional needs. CN Active must be informed of any changes since the original information was supplied.
b. CN Active reserves the right to cancel an agreement or exclude a Child from a sports activity if there is considered to be failure to disclose fully.

 

10. Arrival and Collection

a. A Child must not arrive before the allocated time or if they do must not be left alone without CN Active being aware and being able to take responsibility.
b. The Child must be collected at the set finish time.
c. CN Active realise that problems can occur, but they must be contacted if there is going to be a problem with arrival or collection due to unexpected events.
d. A Child may be banned from attending the Sports if there is repeated lateness in collection.

 

11. The Charge

a. The Charge must be paid as agreed between CN Active and the Customer.
b. The Charge for the Sports Camp must be paid online before attendance.
c. Payment for Training is before the session on the day for that session unless specified otherwise.
d. Payment for School Sports Coaching is as agreed with the school.
e. In the event of continuous late or non-payment of the Charge, CN Active reserves the right to request Payment in advance before any future Sports are supplied.
f. If a Charge is not paid within thirty days from when it arises then interest at 8% per annum above the current Bank of England base rate will be payable together with the current recovery charges.
g. All Charges must be paid in full without set-off, deduction or counterclaim.

 

12. Cancellation Policy

a. If the Customer wishes to cancel attendance at a Sports Camp CN Active will endeavour to resell the space but if they fail the Charge will not be refunded.
b. If a school cancels any agreed session, they must give at least seven days’ notice in writing, or the Charge remains payable.
c. CN Active retains the right to postpone any Sports if due to circumstances beyond his control such as illness. These will be rescheduled at a time convenient to CN Active and the Customer.

 

13. Guarantee

a. To achieve the maximum benefit from the Sports the Child must attend all the sessions and complete all the required training.
b. Sports run by CN Active are provided in good faith but cannot guarantee any particular outcome.

 

14. Delivery

a. Sports Camps will be offered in the main school holidays and other times as advertised on the Website at the time.
b. Training will be delivered as agreed between CN Active and the Customer.
c. If any issues arise as to delivery of any Sports, the Customer will be informed as soon as possible, and the schedule will be revised.
d. Time is not of the essence with delivery of the Sports.CN Active will not be liable for any loss or damage suffered by the Customer or any Third Party through any reasonable delay due to unforeseen circumstances.
e. If the Customer requires Sports to be completed by a certain date, then this must be communicated in writing to CN Active before starting the Sports. CN Active are only bound by such date if they confirm acceptance of this in writing.
f. If the Customer does not supply information when requested or the Child does not complete allocated tasks and training, they must accept this will affect the result.

 

15. Cancellation Guarantee

a. When Sports are purchased online or over the telephone by a person acting as an individual consumer, they will have the right to cancel the order up until 14 days thereafter. They must communicate their wish to cancel to CN Active in writing immediately.
b. The guarantee does not apply to Sports purchased at a distance by telephone or text but not online if the Sports do not have a value of at least £42 or such sum as the law states.
c. If the Customer uses any Sports within the 14-day period and then cancels the Sports, they must pay for the Sports engaged in.

 

16. Safeguarding

a. CN Active have a duty to respond if they suspect a Child may be suffering from abuse or if a Child makes a disclosure about abuse.
b. CN Active will then follow the current Safeguarding Children Policy.

 

17. Limitation of Liability

a. Should CN Active be prevented, hindered or delayed from performing their obligations under the Agreement by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions) CN Active shall be relieved from performing their obligations and will not be in breach of the Agreement or otherwise liable for any such failure or delay in the performance of such obligations.
b. The Liability of CN Active to the Customer shall not exceed the Charge and any expenses charged subject to the clauses below.
c. CN Active is not liable for any indirect or consequential losses to the Customer or any Third Party.
d. The Agreement is exclusive to the Customer and no Third Party shall have any rights under that Agreement.
e. CN Active has no liability for any loss of profits, goodwill, reputation, special or indirect losses or any other business losses.
f. CN Active does not exclude liability for death or personal injury caused by the negligence of CN Active or their employees, agents or subcontractors or fraud or fraudulent misrepresentation.
g. The Customer is liable for any reasonable costs, liability, damages, loss, claims, or proceedings arising from loss or damage or injury to any equipment or person including that of any Third Party caused by the Customer, their Child, their agents, or their employees.

 

18. Intellectual Property

a. All copyright, trademarks and all other intellectual property rights in all Sports, materials or copy shall remain always vested in CN Active. Any attempt to copy any documents, illustrations, or materials, or reproduce, transmit, publish, display exploit, or create derivative items shall render the Customer liable for damages.
b. If the materials supplied by CN Active are used by a Third Party for any purpose or not for the benefit of the Customer’s Child, the Customer will be liable to CN Active for damages and any legal costs. They must take appropriate steps to ensure such use ceases immediately.
c. If the Customer wishes to use the content of the Sports in a way beyond agreed in writing with CN Active and for the benefit of their Child, it must obtain written consent from CN Active and pay any Charge requested before doing so.

 

19. Confidentiality

a. CN Active will keep all information supplied to them by the Customer not in the public domain in connection with the Sports private and confidential and this will continue for a period of two years after completion of the Sports. CN Active may disclose such information to any subcontractor, supplier, or employee to the extent necessary to provide the Sports or to any government or legal body.
b. The Customer will keep all information it discovers about CN Active and its employees and contractors strictly confidential. This includes information relating to their business methods, practices, employees, contractors and includes all information whether labelled as confidential or not. This continues after completion of the Sports.
c. Customers and their Child or Children must respect the privacy of other children attending the sessions.

 

20. Data Protection

All data supplied to CN Active by the Customer will be kept safely in accordance with the UK General Data Protection Regulations (UK GDPR) and general UK legislation as set out in their current Privacy Notice available on the Website.

 

21. Complaints

a. The Customer must raise any problem or complaint it has with the Sports immediately the issue arises, and CN Active will seek to find a mutually acceptable solution.
b. The Customer must confirm any complaint in writing within 7 days thereafter.
c. CN Active will take steps to consult with the Customer and find a solution.
d. If the Customer remains dissatisfied with the Sports, the matter will be passed to Chris Nay who will take whatever steps he considers appropriate to resolve the issue.

 

22. Severance

If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.

 

23. Waiver

The waiver by CN Active of a breach, default, delay, or omission of any of these terms or the Agreement by the Customer will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.

 

24. Transfer

The Customer may not transfer any of their rights under the Agreement to any Third Party.

 

25. Law

These Terms and Conditions are governed by the law of England and Wales.