NW Gymnastics Limited is a registered company in England and Wales under company number 11245537 and with our registered address at 8 Mallory Place, SN12 6YB
Contact details:
Nile Wilson Gymnastics Ltd, 8 Mallory Place, Melksham, SN12 6YB
Email:
For our Leeds club – leeds@nilewilsongymnastics.com
For our Rotherham club – rotherham@nilewilsongymnastics.com
By making a booking at NW Gymnastics clubs through our site, in person, or by telephone, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are the parent or legal guardian of the child(ren) you are booking onto the Session(s) (Participant(s));
- All Participants are reasonably fit and healthy, capable of participation on the sessions and that you have fully disclosed details of any relevant information on the booking/registration form;
After booking Sessions online, in person, or by telephone, you will receive confirmation from your club, which is when the contract between us (Contract) is formed.
The Contract will relate only to those sessions whose booking we have confirmed in the Booking Confirmation. We will not be obliged to supply any other sessions.
Unless we are prevented from doing so by a Force Majeure Event, we will provide Courses which:
- Conform in all material respects with their description (on our site, brochure, or any other promotional materials);
- Are carried out with reasonable care and skill, and in line with British Gymnastics standards
- Are fit for any purpose we say the sessions are fit for; and
- Comply with all applicable statutory and regulatory requirements for supplying the sessions in the United Kingdom.
This warranty is in addition to your legal rights in relation to services, which are not carried out with reasonable skill and care or which otherwise; do not conform with these terms and conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
These terms and conditions apply to any substitute sessions we arrange with you in the unlikely event that the original sessions do not conform to these terms and conditions.
You must provide us, in sufficient time, with any information and instructions relating to the sessions that is or are necessary to enable us to provide the sessions in accordance with these terms and conditions. This information includes completion of participant information in respect of each child, together with any other information about the Participants that you think is relevant for us to know in respect of the session(s), e.g. disability/injury.
If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Contract by giving you written notice.
We will provide the Session(s) to the Participant(s) on the date(s) set out in the Booking Confirmation.
We will make every effort to carry out the Session(s) on time but there may be delays due to circumstances beyond our control. In this case we will complete the Sessions as soon as reasonably possible, and in the event we have to cancel a Sessions you will be offered a place on an alternative Session or a full refund.
We may have to suspend a Session if we have to deal with technical problems, or to make improvements to the Session. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
We reserve the right to modify a Session(s) due to adverse weather conditions, low attendance or other unforeseen circumstances and will notify you of such modification as soon as possible.
On occasion we may be required to cancel Sessions as a result of factors such as low attendance/bookings, venue or facility issues, adverse weather conditions or other unforeseen circumstances. We will notify you of any such cancellations as soon as possible by email and/or telephone.
Within the booking process you will be sent/given a form setting out your child’s details, (a Participant Information Form). The Participant Information Form must be completed for each Participant truthfully and comprehensively, providing us with all information, which may be relevant to the Participants taking part in the Session. Please print, complete, sign and date the Participant Information Form and bring it with you on the first day of the Session or Hand to reception. We will be unable to accept a Participant onto the Course without a completed Participant Information Form.
We reserve the right to remove a Participant from the Session(s) or to refuse admittance should we deem it necessary to do so. This includes where a Participant does not comply with the safety rules and advice, does not act responsibly and courteously, is disruptive, does not participate, behaves in a way we deem to be inappropriate in the circumstances, fails to respect or affects the enjoyment of the Session(s) for other Participants. Details of our policies can be found on our website at www.nilewilsongymnastics.co.uk
Participants should be dressed appropriately for the activities of the Session(s) on which they are enrolled. We reserve the right to refuse admittance to any Participant who we consider not to be appropriately dressed. Guidance on suitable attire can be found below:
- Recreational gymnastics – shorts and t-shirt, or recognised gymnastics attire
- Squad/Development gymnastics – recognized gymnastics attire
Participants are expected to be reasonably fit and healthy and not suffer from any medical condition, which would make it more likely that they would be involved in any incident, which could result in injury to themselves or others. If you are in any doubt as to whether the Participant should attempt the activities we have set out in our Session details, do talk to us about your concerns prior to booking.
No refunds or compensation will be payable by us in the event that any Participant is not permitted to, or decides not to, undertake or complete the Session(s) for the reasons set out in this clause.
Users of NW Gymnastics are expected to adhere to all club rules and policies. These policies are available from your club and may include the following:
- Gymnast code of conduct/behavior policy
- Parent code of conduct/behavior policy
- Club guidelines on coach physical contact, safeguarding, DBS checks, and insurance.
- Guidance around the arrival for sessions, collection, and registration at the start of sessions
- Disruptive/Inappropriate behavior
- Potty training/toilet visits
- Food and drink
- Lost property
- Jewellery
- Mobile phone usage
This list is not exhaustive and for a full list of policies and procedures, including club rules please speak to your club or visit our website.
In addition users and any person attending the club with a user is expected to ensure that they do not cause any damage or act in any manner which could lead to loss or damage to the club, it’s contents, staff, and other users.
In the unlikely event that any Participant requires medical attention while on a Session, we will provide first aid on site and make every attempt to contact you.
You acknowledge and consent to our taking the Participant offsite to obtain medical attention when we deem this is required, if necessary without your consent, in an emergency.
The price of any Sessions will be as quoted on our site and in our literature (including booking forms) from time to time, except in cases of obvious error. These prices may include or exclude VAT, as specified within the Booking Confirmation.
Prices are liable to change at any time, but changes will not affect Sessions in respect of which we have already sent you a Booking Confirmation/confirmed booking.
Bookings and payment for sessions are based on the following “Blocks” of sessions and are booked on a rolling basis according to the following timescales:
- Recreational sessions – 6 Week Block, payable at the start of every 6 weeks
- Squad/Developmental sessions – 4 Week Block, payable at the start of every 4 weeks
On acceptance on to a session or block of sessions your child(ren) will be given an “Allocated Space”
Bookings are taken at your club or via our website and you should liaise with your club reception team to facilitate you on the booking process.
Payment must be made at the time of booking/at the start of each “Block”.
Payment for all “Blocks/Sessions” must be by a recognised club means e.g. cheque (payable to NW Gymnastics Ltd), by cash, credit or debit card, or by online payment via direct debit if available. We will charge your credit or debit card when we take your booking either online or by telephone and you will be notified immediately that the payment has been processed successfully. Payment must be made in full prior to commencement of the first session of a block and activities by your child(ren).
Payment for a new “Block” of sessions will become due 1 week prior to the commencement of that “Block” and payments should be fully completed for the whole “Block” within 1 week of the “Block” commencing.
Payments are accepted in Pounds Sterling only (£).
In the event of full payment not having been received within 2 weeks/sessions of a new “Block” NW Gymnastics retains the right to refuse access to the session until full payment is made and confirmation of this payment is given to the relevant session staff.
Block fees are designed to enable the club to plan groups effectively, payment of your “Block” fees will ensure that your child(ren) can access the agreed sessions, but also acts as a method for you to secure your child’s space within the assigned group.
Please note that failure to pay the relevant “Block” fees may result in your child(ren) losing their place within a “Block”. We cannot guarantee that your child(ren) will be able to access the same or any other session/block should they be removed due to non-payment. This is in light of the fact that we have waiting lists for most sessions and will fill your child(ren)s place as soon as a space becomes legitimately available.
New gymnasts may be eligible for a trial period with the club, this trial period will be for a maximum of 2 sessions and is designed to allow you to identify the suitability of the club and it’s sessions.
Following the completion of the trial period you may be offered an “allocated space” as identified above within section 12.
Once you accept the “allocated space” following your trial period, you will be liable for the payment of the remainder of the current “Block” of sessions. Your club or session leader will inform you of your payment requirements and will complete the relevant joining paperwork.
NW Gymnastics operates a membership scheme for gymnasts. This membership is mandatory in order to retain your child(ren)s “allocated space” and is charged on an annual basis.
This membership is in addition to normal “Block” fees.
Membership fees will be advertised at your club and information sent/given to you at sessions prior to the commencement of membership.
The membership year runs from the 1st of January of each year. Payment of club membership must be made by 31st January of each year, or within 4 weeks of commencing sessions with the club in the event a gymnast joins part way through the membership year.
Gymnasts joining part way through a membership year will receive membership on a pro-rata basis for the remainder of the current membership year.
You may cancel your child(ren)s “allocated space” at any time by confirming this cancellation in writing.
To avoid being charged for a new “Block” you must inform us in writing of your desire to remove your child(ren) from their “allocated space” at least 2 weeks/sessions before a new “Block” is due to commence.
Please refer to the refunds policy below to identify what level/if a refund is due to you.
NW Gymnastics is a British Gymnastics registered club, as a result of being a registered club all gymnasts must become a member of British Gymnastics in line with their membership criteria, categories, and fees.
From 1st October, gymnasts must join or renew their membership directly with British Gymnastics via a new online process.
For gymnasts, our membership year runs from 1st October to 30th September. We have different levels of membership available with associated annual fees. All current gymnasts will need to renew their British Gymnastics membership from 1st October. New gymnasts can join at any time during the year provided they have been offered a place in a British Gymnastics registered club.
Further details on British Gymnastics membership can be found from the following link on the British Gymnastics website
Failure to complete registration with British Gymnastics could result in your child(ren) not being able to access their session(s) / block.
On certain occasions your child(ren) may be invited to take part in additional activities that are not provided within their normal “block” of sessions. You will be made aware of any such competitions and/or events as well as any additional fees (if any) required in order to take part.
Payments for these additional activities will be due prior to the child(ren) taking part in the additional activity and failure to pay in advance and in full could result in withdrawal of the child(ren) from the aforementioned additional event.
Payments for such events can be made via the club reception or in other ways as identified when an invitation to attend is given/sent.
When you cancel a Session(s)/Block booked with us within the seven day cooling off period, if the Session(s) has not begun during the cooling off period we will refund the price of the Session(s) in full.
If the “Block” has already begun and your child has attended any or part of it during the seven-day period, you will not be entitled to a refund for cancellation for the session(s) missed or for the entirety of the remainder of the “Block”
When you cancel a Session/Block booked with us after the cooling off period has expired:
- No refund will be due for the remainder of sessions within the session “Block”
If your child(ren) is absent from sessions within a block you will not be due any refund unless as a result of injury or illness and according to the terms identified below in section 15.
We will process any refund due to you as soon as possible and, in any event, within 30 days of the day you have given notice of your cancellation.
If you cancel a Session/Block because you claim that the Session/Block is not of an acceptable quality, we will make investigations and will notify you of any refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within
30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the Course.
We will usually refund any money received from you using the same method originally used by you to pay for your booking.
In the unlikely event that the Session(s) do not conform with these terms and conditions, please let us know as soon as possible by telephone, email or by post, or by talking directly with the management team at your gym. We will aim to deal with your complaint within 48 hours of its receipt in accordance with our complaints procedure, which is available at www.nwgymnastics.co.uk We may then, at our option: Provide you with a full or partial refund, depending on what is deemed reasonable; or
Offer you a place on an alternative Session.
These terms and conditions will apply to any substitute Session we book for you.
In the event that your child(ren) is injured or ill, and as a result is unable to attend their session/block then the following must be adhered to in order to avoid continuation of fees, and in order to receive a refund for monies already paid;
- A doctors note must be provided confirming the injury/illness for the period of missed session(s)/block time
- The club must be made aware of any injury or illness for which a potential refund will be sought within 1 week of that injury/illness commencing
- The injury or illness absence will be reviewed on a “Block” by block basis and the club reserves the right to request further medical confirmation that illness or injury is preventing the child(ren) from accessing their “allocated space”
A refund will be due for any payments made for sessions that could not be accessed as a result of the injury or illness and in line with the confirmations required above.
The club will always try to ensure that the “allocated space” is held open for the injured/ill child at no cost. The club will only fill the “allocated space” if the above requirements are not met, or in consultation with the parent/guardian of the child.
The copyright, design right and all other intellectual property rights in the promotional materials, the site and any other materials and other documents or items that we prepare or produce in connection with the Sessions are either licensed to or belong to us absolutely.
You may not use the promotional materials, site, materials, documents or other items detailed above for any commercial purpose.
If you are contracting as a consumer and subject to clause below, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the Booking Confirmation. In this case, you will receive a full refund of the price paid for the Session(s) in accordance with our refunds policy (set out below).
You agree to waive your statutory right of cancellation of a Contract concluded at a distance if the Session(s) begin at any time within the seven working day cancellation period and your child takes their place on the Session within that time. This is because you agree to the Session starting before the end of the usual cancellation period provided by law and therefore your cancellation rights end when the Session begins.
If you cancel a Contract you may receive a refund in accordance with our refunds policy (set out below).
To cancel a Contract, you must inform us by email or by telephone. If this cancellation is made after the Sessions begin you must stop your child(ren) from attending any remaining sessions.
This provision does not affect your statutory rights.
By accepting these terms and conditions, you understand and agree that:
- The activities of the Session(s) on which any Participant are enrolled involve an inherent risk of injury;
- You are responsible for the Participant’s safety and accept this inherent risk in order for your child to participate in the Sessions;
- You will ensure that the Participant acts and behaves appropriately (In line with all club policies and procedures that can be found at your club or on the website), and complies at all times with our safety rules and procedures in order to minimise risk;
- You will ensure that the Participant immediately ceases performance of the activities if you are concerned about the safety of the activities or the health of the Participant;
- In the event of an accident or any damage, loss, injury or death, we will not be liable for any direct or indirect loss, damage or injury arising from or in connection with the activities undertaken on the Course (save for in the circumstances excluded under clause 15);
- You accept that we will undertake all necessary risk assessments and deliver the Session(s) in as safe as possible a manner, but that this does not remove all risk of injury to the Participant; and
Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Session(s) you booked and any losses that are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your booking is accepted by us. This clause does not include or limit in any way our liability for: (a) Death or personal injury caused by our negligence; or (b) Fraud or fraudulent misrepresentation; or (c) Any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or (d) Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to: (a) Loss of income or revenue; (b) Loss of profits or contracts; (c) Loss of anticipated savings; or (d) Loss of data; Provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of this clause or any other claims for direct financial loss that are not excluded by any of categories (a) to (d) inclusive of this clause.
We will only use the personal information you provide to us to provide the Session(s) and in accordance with the terms of our Privacy Policy that can be found on our website or from your club reception
All notices given by you to us must be given to NW Gymnastics at 8 Mallory Place, SN12 6YB or info@nilewilsongymnastics.com. We may give notice to you at either the e-mail or postal address you provide to us when booking a Session(s).
Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified e-mail address of the addressee
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lockouts or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions, the Booking Confirmation, the Child Information Form and any other document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
Nothing in this clause shall limit or exclude any liability for fraud.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you book Courses with us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary).
Contracts for the booking of Sessions/Blocks through our site & by telephone & any dispute/claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute/claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.