Terms & Conditions

Please make sure you read, understand and agree to abide by the information provided below BEFORE accepting the offer of a place for your child at Earls Gymnastics

1.       These Terms

1.1     What these terms cover

1.1.1 These are the terms and conditions on which we supply gymnastics services (the types of services we offer are detailed in clauses 1.1.3 and 1.1.4) (“services”). 

1.1.2 Bookings for our services may only be made online via our website, by email or by phone. 

1.1.3       We offer certain services which can be booked on an ad-hoc basis including:

  1. stay and play classes;
  2. trial gymnastics sessions; and
  3. gymnastics activity camps, “Ad-Hoc Bookings”.

1.1.4 If you wish to subscribe to receive ongoing services (“Ongoing Services”) either for yourself or on behalf of a child, you (or your child) will need to join Earls Gymnastics Club as a member and you will need to pay the joining fees (as described in clauses 14.2.2(a) and 14.2.2(b)) and the monthly subscription fees (as described in clause 14.2.2(c)). 

1.1.5 By making a booking on behalf of a child, you confirm that you have parental responsibility for the child or children for whom you are booking the services and that you are at least 18 years old. 1.2 Why you should read them. Please read these terms carefully before you submit your booking for services to us. These terms tell you who we are, how we will provide services, 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.       Information About Us and How to Contact Us

2.1     Who we are. We are Earls Gymnastics Club. We operate from the premises listed in clause 2.2.2. We are not registered for VAT purposes.

2.2     How to contact us. You can contact us in the following ways:

2.2.1        Telephone: 0121 544 4004 

2.2.2 Post: Unit 1, Wharfside, off Rounds Green Road, Oldbury, B69 2BU or at Furnace Lane, Halesowen, B63 3SL; or

2.2.3       Email: info@earlsgymnastics.co.uk.

2.3 How we may contact you. If we need to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.

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

3.       Our Contract With You

3.1     How we will accept your booking

3.1.1 Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us. 

3.1.2 Once we have accepted your booking, we will be under a legal duty to supply services that are in conformity with the contract we have entered into with you. 

3.1.3 If you have made an Ad-Hoc Booking, we will contact you to arrange the date and time for the session(s) if the date and time are not agreed at the time of booking.

3.1.4 Payment in accordance with clause 14 will be required before services will be provided.

3.2 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and will not charge you for the services. 

4.       Your Rights to Make Changes

4.1 If you wish to make a change to the services you have booked, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. 

4.2     If we agree to make changes to your booking within 14 days of the date on which the services are or were due to be provided, we may at our discretion charge you a £5 administration fee. 

5.       Our Rights to Make Changes

We may change the services to reflect changes in relevant laws and regulatory requirements and/or to implement minor technical adjustments and improvements, for example to address a security threat.

6.       Providing the Services

6.1     We will provide the services using reasonable care and skill.

6.2 If you (or your child) is late to a booked session, we reserve the right to refuse your (or your child’s) entry to the session.

6.3 In respect of Ad-Hoc Bookings, we will provide the services on the date(s) selected by you during the booking process or otherwise agreed with you provided you have paid the relevant fees in accordance with clauses 14.2.1. 

6.4 In respect of Ongoing Services, these services will be made available to you when you have paid the relevant fees in accordance with clause 14.2.2.

7.       Gymnastics Membership Services

7.1     By subscribing to receive Ongoing Services and paying the recurring monthly fees to keep your subscription active, you will be entitled to receive the sessions which form part of your subscription package. Full details of such subscription packages can be found on our website at https://www.earlsgymnastics.co.uk/. 

7.2 Your subscription will continue and renew in September of each year (subject to your payment of the renewal fees described in clauses 14.2.2(a) and 14.2.2(b)) unless and until you cancel it in accordance with clause 11. 

7.3 We will contact you before each renewal to remind you that we will automatically renew your membership unless you tell us otherwise in accordance with clause 11.

7.4     We may increase the price of the Ongoing Services from time to time. We will give you advance notice of any applicable price increases.

8.       Delays 

8.1 If our supply of the services is delayed or prevented by an event outside our reasonable control (for example (but without limitation) adverse weather conditions, flood, drought, earthquake or other natural disaster, terrorist attack, civil war, civil commotion or riots, epidemic or pandemic, collapse of buildings, fire, explosion or accident, interruption or failure of any utility service (including but without limitation interruption or failure of any internet connection or data service), any law or any action taken by a government or public authority or any labour or trade dispute industrial action or strikes (by persons other than our staff)) then we

will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay and we will take all reasonable steps to provide the services. 

8.2 If due to an event outside our reasonable control such as those described in clause 8.1 we are unable to provide the services on a face-to-face basis as planned, we will take all reasonable steps to provide the services online or at an alternative venue.

8.3 Provided we comply with clauses 8.1 - 8.2, we will not be liable for delays caused by the event, but if there is a risk of substantial delay or if the services are not provided or offered to be provided at an alternative venue or at all (face-to-face or online) you may contact us to end the contract and receive a 50% refund for any services you have paid for but not received or, alternatively and at our discretion and subject to availability, we may allow you to attend an alternative session(s). 

8.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services, for example (and without limitation) a completed registration form and details of any allergies, medical conditions and dietary requirements for you or each child (as the case may be). We will contact you to ask for this information. If you do not give us this information before the services are due to commence, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for not supplying all or any part of the services if this is caused by you not giving us the information we need.

9.       Terms Specific To Adults Booking Services On Behalf Of A Child

9.1      If you are an adult booking services on behalf of a child in accordance with clause

1.1.5, you:

9.1.1 will ensure that your child or children behave sensibly and respectfully both to our staff and other children;

9.1.2 will complete a registration form in respect of your child or children and provide the same to us before we provide the services;

9.1.3 will inform us promptly about any changes to the information provided in the registration form(s);

9.1.4 will read and comply with (and ensure your child/children comply with) all of our handbooks, constitution documents and codes of conduct (copies of which are available on our website and full copies are available either by email on request or in hard copy format at the location where we are supplying services);

9.1.5 will ensure that your child or children do not bring valuable personal items to our sessions;

9.1.6   will collect or arrange for your child or children to be collected at

the collection time which is the finish time for the session (“Collection Time”);

9.1.7 will ensure that your child’s bags and clothing are labelled with your child’s name;

9.1.8    will inform us about any specific dietary requirements, allergies or medical conditions suffered by your child or children;

9.1.9     will notify us promptly (providing as much advance notice as

possible) if you have booked services for your child or children but they will not be attending; 

9.1.10     will ensure that your child or children do not use a camera, mobile phone or other mobile device at premises where we are supplying the services;

9.1.11 will provide suitable clothing for your child to participate in gymnastics activities. We take no responsibility for damage to your child’s clothing;

9.1.12 agree that if your child is involved in an accident whilst participating in our sessions, he/she will be treated by a qualified first aider and we will use all reasonable endeavours to contact you as soon as possible. You give your permission for us to sign any medical consent forms to enable your child to receive necessary urgent medical treatment in your absence;

9.1.13 acknowledge that by making a booking, you consent for your child or children to participate in gymnastics activities. However, you acknowledge that in order to maintain appropriate standards of health and safety, children with certain medical or physical conditions or those who cannot demonstrate the required competence may not be allowed to participate in some specific activities. In such cases, we will provide alternative activities.

9.2 We will inform you about any accidents involving your child or children which occur whilst we are providing the services.

9.3 We have a duty to respond if we suspect that a child may be suffering from or makes a disclosure about abuse. In this event, we will contact the relevant local authority and act upon their advice.

9.4 We reserve the right to exclude (temporarily or permanently, at our discretion) any child for any reason including (without limitation) inappropriate parent or child behaviour, illness or bullying. 

9.5 During any period of suspension, if we can fill the space which had been reserved for your excluded child, a refund will be provided for any services you have paid for but not received save that the fees for the session during which your child was excluded will be payable in full (and no refund will be given for any such fees paid in advance). 

9.6 If despite our reasonable efforts we cannot fill the space which had been reserved for your excluded child during any period of suspension, no refund will be provided for any services you have paid for but not received. This is because we will have allocated resources, time and commitment to your excluded child’s place and we have been unable to recoup our losses by placing another child in that pre-reserved space.

9.7 You must send your child or children to their booked sessions with his or her own food and drink as required. Please note that glass containers and bottles and products which contain nuts are not permitted at our venues. 

9.8     For trial gymnastics sessions and membership gymnastics sessions:

 9.8.1       All children must be signed in on the register. 

9.8.2 Where possible children must be signed in by the person(s) named on the registration form completed by you in accordance with clause 9.1.2.

9.8.3 Children will only be released into the care of the person(s) named on the registration form completed by you in accordance with clause 9.1.2.

9.8.4 You must give us prior notice if you wish your child or children to be signed in or collected by a person not named on the registration form completed by you in accordance with clause 9.1.2.

9.9     For Ad-Hoc Bookings not mentioned in clause 9.8:

9.9.1       All children must be signed in and out on the register. 

9.9.2 Persons signing children in and out must have photographic ID and show their ID to our staff so that we can verify that person’s identity.

9.9.3 Children must be signed in by the person(s) named on the registration form completed by you in accordance with clause 9.1.2.

9.9.4 Children will only be released into the care of the person(s) named on the registration form completed by you in accordance with clause 9.1.2.

9.9.5 You must give us prior notice if you wish your child or children to be signed in or collected by a person not named on the registration form completed by you in accordance with clause 9.1.2.

9.10 If your child or children are not collected at the Collection Time, we will attempt to contact you. If we cannot make contact with you, we will attempt to contact the other named contacts on your registration form. 

9.11   If 30 minutes after the Collection Time we have been unable to contact you or any other named contact on your registration form, we will contact social services and follow our Uncollected Child Policy (a copy of the policy is available on our website but you may request a full copy of the policy by email or a hard copy of the policy can be found at the location where we are supplying services).

9.12 If your child or children are not collected at the Collection Time, you will be charged the following fees per child:

9.12.1 if you collect your child or children between 1 – 15 minutes after the Collection time - £10;

9.12.2 if you collect your child or children between 16 – 30 minutes after the Collection time - £20;

9.12.3 if you collect your child or children between 31 – 45 minutes after the Collection time - £30;

9.12.4 if you collect your child or children between 46 – 60 minutes after the Collection time - £40.

9.13 The fees described in clauses 9.12.1 to 9.12.4 are charged to cover the costs of our staff remaining with your child or children after the Collection Time and also to cover increased operational costs. 

9.14 If your child will be collected after the Collection Time, you must notify us, giving as much advance notice as possible. We reserve the right to charge the fees set out at clause 9.12 notwithstanding any notification you give us pursuant to this clause 9.14.

10.     Your Obligations – Adult Participants

10.1 You will read and comply with all of our handbooks, constitutional documents and codes of conduct and comply with them (copies of which are available on our website and full copies are available either by email on request or in hard copy format at the location where we are supplying services).

10.2 We reserve the right to exclude (temporarily or permanently, at our discretion) any person from participating in the services for any reason including (without limitation) inappropriate behaviour, illness, bullying or otherwise inappropriate conduct. 

10.3 During any period of suspension, if we can fill the space which had been reserved for you, a refund will be provided for any services you have paid for but not received save that the fees for the session during which you were excluded will be payable in full (and no refund will be given for any such fees paid in advance). 

10.4 If despite our reasonable efforts we cannot fill the space which had been reserved for you during any period of suspension, no refund will be provided for any services you have paid for but not received. This is because we will have allocated resources, time and commitment to your place and we have been unable to recoup our losses by placing another person in that pre-reserved space.

10.5 Please note that glass containers and bottles and products which contain nuts are not permitted at our venues. 

11.     Your Rights to End the Contract

11.1   These terms will not affect your statutory rights.

11.2 You do not have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013. This is because the exemption described in recital 49 to the Consumer Rights Directive applies which states that where contracts involve the setting aside of capacity which, if the contract were cancelled, the trader may find difficult to fill, those usual statutory cancellation rights do not apply. 

11.3 If you wish to end the contract for a reason set out at clauses 11.3.1 to 11.3.3 the contract will end immediately when you notify us and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

11.3.1 we have told you about an upcoming material change to the services (excluding changes mentioned in clause 5), such as a permanent (but not temporary) venue change, which you do not agree to;

11.3.2 we have told you about an upcoming change to these terms which you do not agree to; or

11.3.3 we have told you about an error in the price or description of the services you have booked and you do not wish to proceed.

11.4   In relation to Ad-Hoc Bookings:

11.4.1 if you wish to end the contract up to 14 days before the date on which the services are due to start, we will refund any advance payment you have made for such services which will not be provided to you as a result of your cancellation provided that we can fill your child’s place. If we cannot fill your child’s place then we will be under no obligation to provide you with a refund. This is because we will have allocated resources, time and commitment to your child’s place and we have been unable to recoup our losses by placing another child in that pre-reserved space.

11.4.2 if you wish to end the contract within 14 days of the date on which the services are due to start, we will not refund any advance payment you have made for such services. This is because we will have allocated time, commitment and resources to your child’s place and it will be extremely difficult for us to fill it with another child at short notice.

11.5 In relation to Ongoing Services, if you wish to cancel your (or your child’s) subscription to receive Ongoing Services you must notify us by email to info@earlsgymnastics.co.uk by the 1st of the month to enable us to arrange for your direct payment for the following month to be cancelled. If you give notice to cancel after the 1st of the month, the monthly fees will be payable for the following month and your direct debit payment for the following month will be taken on or around the 15th of the month as normal and will not be refunded. There will be no refunds in respect of monthly fees paid for the month in which you give notice to cancel in accordance with this clause 11.5.

11.6 To end the contract with us, please let us know. You can contact us using the contact details given in clause 2.2.

12.     Our Rights to End the Contract

12.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

12.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

12.1.2 you do not comply with clauses 9.1.4 and 10.1 (to the extent applicable to you);

12.1.3 your child or children’s behaviour becomes such that the wellbeing and safety of our staff or other children are threatened. In these circumstances, we will follow our Exclusion Policy (a copy of the policy is available on our website but you may request a full copy of the policy by email or a hard copy of the policy can be found at the location where we are supplying services);

12.1.4 your child or children are collected after the Collection Time on more than one occasion;

12.1.5 you refuse or neglect to comply with any of our reasonable and lawful directions in connection with your receipt of the services;

12.1.6 you do not provide us with information that is necessary for us to provide the services, for example, the information described in clause 8.4.

12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for services we have not provided (provided we can fill your child’s place) but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

13.     If There Is a Problem With the Services

If you have any questions or complaints about the services, please contact us using the contact details given in clause 2.2.

14.     Price and Payment

14.1 Where to find the price for the services. The price of the services (which includes any applicable discount available at the time you place your booking) will be the price indicated on the booking pages when you placed your booking if making a booking online through our website. If you make a booking by email or phone, the price of the services will be as communicated to you during our email exchanges or telephone conversation(s), as the case may be. We take all reasonable care to ensure that the price of the services advised to you is correct. 

14.2   When you must pay and how you must pay

14.2.1 For Ad-Hoc Bookings. You must pay for Ad-Hoc Bookings by debit card either at the time you make your booking or, if later, when we agree a date with you for the Ad-Hoc Booking. 

14.2.2 For Ongoing Services. If you are subscribing to join Earls Gymnastics Club as a member and receive Ongoing Services, you will be required to pay:

(a)     a British Gymnastics membership fee directly to British Gymnastics;

  1. a club membership fee for your membership with Earls Gymnastics Club. This amount must be paid when you submit your application to join Earls Gymnastics Club. All memberships are renewed in September each year. This means that if you join Earls Gymnastics Club in January, the club membership fee paid on joining will cover the period January – August. You will then need to make a further payment of for membership when requested in respect of your club membership to cover the period from September for the following year and on an annual basis thereafter; and
  2. a monthly fee by direct debit. 
  3. The applicable Earls Gymnastics Club membership fees and monthly fees for the membership package you select are displayed on our website at https://www.earlsgymnastics.co.uk/.
  4. We will not provide Ongoing Services you to unless you have paid the British Gymnastics membership fee, the club membership fee and the correct monthly fees in accordance with this clause

14.2.2.

  1. When you join Earls Gymnastics Club to receive Ongoing Services, you must pay the monthly fees in advance for the calendar month (or remainder of it) in which you join save that for those joining in the last 7 working days of a calendar month, the fees for the remainder of that calendar month and the following calendar month will be payable in advance.
  2. Thereafter, you will be required to pay the monthly fees in advance by direct debit on the 15th of each calendar month.
  3. We may suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 14.2) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the services and not take or honour any further bookings from you until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not charge you for the services during the period for which they are suspended and you acknowledge that you may lose any place you had already booked for you or your child (as the case may be) to receive services. As well as suspending the services we can also charge you interest on your overdue payments (see clause 14.4) and an administration fee (see clause 14.5).
  4. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  5. We can charge an administration fee if you pay late. If you do not make any payment to us by the due date we may charge an administration of fee 10% of the overdue amount which must be paid within 7 days of demand. You must pay us the administration fee together with any overdue amount.
  6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  7. Unless otherwise stated in these terms or unless otherwise agreed with us in writing, no refunds will be made if:
  8. you (or your child) leaves Earls Gymnastics Club for any reason;
  9. you or your child or children (as the case may be) do not attend booked sessions (whether due to self-isolation, illness, holiday or any other reason); or
  10. your child or children are collected before the Collection Time.
  11. We will make any refunds due to you in accordance with these terms as soon as possible and within 14 days of the occurrence of the relevant event triggering your entitlement to a refund. As an alternative to a providing a refund, we may instead provide a credit to your account to the value of the refund, but we will agree this with you before doing so.
  12. Offers and discounts. On occasion, we offer certain offers and discounts, details of which can be found on our website. If you are booking services online, any applicable offers or discounts available to you at the time you make your booking will be shown on our website. If you subsequently amend or change a booking, it may be that offers or discounts made available to you at the date of your original booking will not apply to your amended or changed booking but we will communicate this to you if and when it becomes relevant. We reserve the right to amend or withdraw any of our offers and discounts at any time at our discretion.

15.     Our Responsibility for Loss or Damage Suffered By You

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

15.3 We do not accept responsibility for loss or damage to any valuable items brought to our sessions by you or your child or children (as the case may be). We reserve the right to remove such valuable items from your child or children’s possession and retain them until the end of the session. 

15.4 You must park your vehicle safely at our premises and so as not to cause an obstruction to others. You must not park in parking spaces which are reserved for staff.

16.     How We May Use Your Personal Information

16.1   We will only use your personal information as set out in our privacy policy on our website.

16.2 CCTV cameras are used in and outside of the buildings where we supply services for security and safety of service users and staff.

17.     Other Important Terms

17.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. 

17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 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.

17.5 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 services, we can still require you to make the payment at a later date.

17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. 

17.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Please contact us for details. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.