Terms and Conditions | Kw Performance Crick

KW Performance Academy Limited (KWPA Ltd) TERMS AND CONDITIONS

1. CONTRACT Your contract is with (service provider) KW Performance Academy Limited (KWPA Ltd) and the following terms and conditions will be incorporated into every contract for both yourself (the Client) and each person in whose name or group name is on the booking is made. The client accepts the terms and conditions. English Law governs the contract, and you agree to submit to the jurisdiction of the English courts. General. The company will decide how and when any course is run and whether the course is delivered. The company’s decision is final. Clients provided with equipment are responsible for their safe return at the end of each day. Damage to any item beyond normal wear and tear may render the client liable to either pay for the item in full or to pay an amount to the company as compensation (as determined by the company). Students will be trained and debriefed to ensure everyone achieves their potential on the course. We welcome feedback, positive or not, as it is an opportunity to improve. Initially, please voice any concerns at the time to the instructor or Principal so that they can be quickly addressed.

2. BOOKING & PAYMENTS Bookings will be made on either a booking form or a signed contract of such, which must be completed and returned with full payment for all one-day courses or multiple one day courses booked. Other courses, training, delivery, or bespoke work, a 50% deposit is required. Any outstanding balances must be paid 28 days before the commencement of the final day of the course otherwise, we reserve the right to resell the place or planned date/s. No refund/s unless the company is given 28 days’ notice, or the company cancels the course. Your place on a course is secured when we receive a completed booking or a signed contract and minimum of 50% deposit payment for the course, which has cleared the banking system. Telephone bookings are acceptable but must be followed by a booking form or signed contract asap, email bookings including returned unsigned emailed booking forms or contracts which will be deemed by KWPA Ltd that the Client has agreed to the terms and condition having returned the form. In the case of 1-2-1, individual bookings or small groups of five or less, the client will be invoiced directly for payment within 48hrs or the coaching session taking place and payment is due within 5 working days. In the event of the final payment being late KWPA Ltd reserves the right to cancel the Client course and the initial deposit 50% of the total course cost will not be refunded. Overdue payment or overdue accounts are subject to a service charge of 15% per day unless other arrangements are agreed.

3. AMENDMENTS TO CONTRACT BOOKINGS Any alteration to a contract booking must be made to KW Performance Academy Limited and confirmed in writing/email. If acceptable, it will be actioned once written confirmation is received. Cancellation charges may apply. Notice of the Right to Cancel; The client has a right to cancel the contract booking and this can occur by delivering, or sending (including by electronic mail) a cancellation notice to the KW Performance Academy Limited Office address on the footer of this form or the email address used in electronic correspondence, at any time within the period of fourteen calendar days ‘cooling off period’ from making the booking. The notice of cancellation must be dated and is deemed to be served as soon as it is posted or sent to KW Performance Academy Limited including electronic communication.

4. CANCELLATION/ATTENDANCE KWPA Ltd reserves the right to cancel the booking at any time and will refund the Client course fee only in full, or KWPA Ltd will provide an alternative course date. No additional Client costs will be covered, no responsibility whatsoever will be accepted for client travel, accommodation, air fares or other costs associated with attending a course. Minimum attendance numbers for each course to run do apply, you will be informed if the booking could be or is cancelled and options offered. Unreasonable use or wear and tear of goods will be deducted from any refund amount due. The Client must return any items within 14 days from the cancellation to the KWPA Ltd Office address. No refund will be made until goods are received and assessed. In the event of a cancellation by the Client over 28 days before the commencement of a course any monies paid will be refunded minus 10% administration fee. Cancellation less than 28 days before commencement of the course or failure to attend will not entitle the Client to any refund, unless the position can be filled, in which case a refund will be made equal to 50% of the total cost. In the case of 1-2-1, individual bookings or small groups of five or less, if the client does not attend or cancels the booking within 24hrs of the coaching session taking place the client with be charged in full. The client will be invoiced directly for payment within 48hrs or the intended coaching session taking place and payment is due within 5 working days. Cancellations must be communicated electronically, verbally or be made in writing, dated, and sent to the KWPA Ltd Office. Cancellation or postponement due to Covid 19; inform KWPA Ltd as soon as possible to discuss the training. If requested, provide evidence of testing.

5. MEDICAL - The Client is asked to disclose any medical history or problems, which are likely to affect their physical welfare during the course. This does not necessarily mean that the Client will be refused a position on the course, but KWPA Ltd would like to make provision to accommodate that condition if possible. The Client should confirm to the best of their knowledge they are not suffering from a heart condition, angina, epilepsy, diabetes, giddy spells, asthma, back problems, or any other form of disability. If there is any doubt by the Client about their medical wellbeing and fitness, you should seek your GPs advice. If you answer ‘yes’ to Covid 19 symptoms (Flu like symptoms, cough, shortness of breath, high temperature) stay at home, do not attend the course, contact the NHS.

6. LIABILITY The company is not responsible for any injury or incident arising out of the use or misuse of the application of the information contained in the training course or material. The company shall not accept claims and shall not be liable at any time

for claims or expenses caused by circumstances beyond its control including sickness, accident, travel delays, weather, strikes, war or civil unrest, Riots, Force Majeure, Act of Government, or any occurrence whether similar or dissimilar outside the control of KWPA Ltd. All the above must be covered by the insurance of the Client directly. Clients will compensate KWPA Ltd for any deliberate loss or damage to property of KWPA Ltd or associated schools, caused by them. The school is insured; however, the client is strongly recommended to take out their own insurance against cancellation, damage or loss of personal effects, death or personal injury, travel and accommodation claims etc. The client acknowledges that there are inherent dangers involved in all sports and understands and agrees to sign the booking form, holding the company, its servants, agents, and employees free of any liability in the event of an accident, death, injury or damage to person or property or equipment failure or breakdown.

7. EQUIPMENT Where appropriate the Client is requested to provide their equipment for use during the training. This is done so at their own risk, KWPA Ltd are not responsible for the cleaning, servicing, maintenance, repair, replacement of such equipment.

8. ALTERATIONS - All details given about the course are given in good faith, but KWPA Ltd reserves the rights to provide alternative arrangements, if for any reasons such alterations are necessary.

Data Protection, GDPR: The personal information provided including the questions as to your health and ability will be used by us to process your booking for the course/service requested and for your safety and wellbeing. We shall also include your name and details on our contact list. If you do not want to receive details of future offers, reminders, courses, and events please contact us. If you object, please contact us. The data will not be shared with any third party for marketing or commercial purposes without first obtaining your explicit consent, i.e., if requested.

GDPR information is available on the Website www.kwperformancecricketacademy.co.uk. To opt Out, from the contact consent from KWPA Ltd, email kwperformanceacademy@gmail.com or write to KWPALTD, address below.