; Little Kickers® Terms and Conditions of business and website use

Terms and conditions (December 2018 MRR update)

 

Important Information.

These terms and conditions apply to all of the Courses, Programmes and other goods and services provided by Little Kickers and form part of the agreement between the Parent, Carer and Little Kickers.

1.  Definitions

1.1

"Carer" means the person / persons who attend the Course or any part of it, with the Pupil.

 

1.2

"Coach" means the individual(s), employed by Little Kickers to teach the Course. Whilst every effort will be taken to maintain the consistency of the Coaches during the Course, Little Kickers unreservedly retain the right to change the coaching staff where necessary.

 

1.3

"Course" means the Little Kickers classes or lessons you are attending or enrolling for.

 

1.4

"Enrolment Form" means the online form relating to the enrolment of the pupil on the Course, by the Parent.

 

1.5

"Fee" means the monetary cost per Course as specified on the enrolment form.

 

1.6

Licensor” means each of the New Zealand Master Franchisee, Tolani Franchising Limited, and the owners of the Little Kickers intellectual property and system, Little Kickers Franchising Limited and Little Kickers Holdings Limited.

 

1.7

"Little Kickers" and “your local provider” means the company or person with whom you have entered into this agreement; the titles "Little Kickers" and “your local provider” where used in this document refers to the franchisee running the Little Kickers Course you are attending or enrolling on and not the Licensor or any other Little Kickers entity,

 

1.8

New Customers” refers to Pupils who are attending a Little Kickers class for the first time.

 

1.9

"Parent" means a parent or legal guardian who will be responsible for the payment of the Fees and who is the contracting party to this agreement.

1.10.

"Premises" means the venue where the Course takes place.

 

1.11

"Pupil" means the child attending the course, whose details are specified by the Parent or Carer on the Enrolment Form.

 

1.12

Terms" means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Little Kickers and the Parent.

1.13

Writing” includes emails, text messages, WhatsApp messages and any other messaging system approved by Little Kickers. When we use the words “writing” or “written” in these terms, this includes emails and other electronic forms of communication we may approve for use.

 

 

2. Acceptance of Terms and Conditions.

 

2.1

Please read these terms carefully before you book our Courses. These terms tell you who we are, how we will provide Courses to you, how you and we may change or end this agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or if you have any questions regarding any part of the terms, please contact us to discuss.

 

2.2

All those wishing to attend a Little Kickers Course 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.

 

2.3

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

 

2.4

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

 

2.5

In the unlikely event of a Carer, Parent or Pupil failing to abide by these terms and conditions, the Pupil may be requested to discontinue with Little Kickers. In this instance Little Kickers will be under no obligation to provide a refund for any outstanding lessons paid for but not delivered.

 

2.6

The Parent and/or Carer agrees the content and structure of the Little Kickers Course and the Little Kickers Training Programme is confidential and commercially valuable to Little Kickers and the Licensor.  The Parent and Carer each agree and covenant not to:

 

2.6.1      copy, use, disclose, adapt or incorporate into any similar programme; or

 

2.6.2      facilitate the copying, use, disclosure, adaption or incorporation into any similar programme,

 

the whole or any part of the Little Kickers Course or Programme either directly or indirectly and whether for their own benefit or for the benefit of any third party. The Parent and/or Carer agrees not to directly or indirectly manage, operate or assist in the organisation of any business which competes with Little Kickers while the Pupil is a member of Little Kickers and for a period of two years afterwards.

 

 

3. Information about the New Zealand Master Franchisee, Head Office and how to contact us.

 

3.1

The New Zealand master franchisee for Little Kickers Tolani Franchising Limited trading as The Little Franchising Group.  The New Zealand Master Franchisee can be contacted by e-mail: info@littlekickers.co.nz

 

Little Kickers Franchising Ltd is a company registered in England, number 5153525. Our registered office address is c/o Tenon, Springpark House, Basing View, Basingstoke, Hampshire, RG21 4HG. For the purposes of Data Protection Little Kickers is a data controller and its ICO registration number is: Z1211801.

 

3.2

For specific questions about your Little Kickers Course, please contact your local provider directly. To contact:

-        The New Zealand Master Franchisee, please e-mail info@littlekickers.co.nz

-        Little Kickers Franchising Ltd please contact us by email info@littlekickers.co.uk or by post at Little Kickers Franchises Limited, Blewbury Ranch, Bessels Way, Blewbury, Oxon, OX11 9NH. 

 

3.3

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.



4. Booking, Payment & Cancellation

 

4.1 Booking a class

 

4.1.1   You can make a class booking over the phone with your local provider or online at www.littlekickers.co.nz  

 

4.1.2   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 www.littlekickers.co.nz/privacy.

 

4.1.3   During the booking process, you will be asked to read and agree to our Terms and Conditions (this document), which include our Session Rules in clause 8.2. 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. 

 

4.1.4   All class timetables are correct at time of publishing. If your class time/location changes, Little Kickers will contact you.

 

4.1.5   All of our prices include GST where applicable.

 

4.2 Payment

 

4.2.1   Course Fees are paid for in advance and must be paid in full prior to the Pupil commencing the Course. Your initial payment will comprise the Fee for your first Course as well as the Membership Fee.

 

4.2.2   It is your responsibility to make sure that there are sufficient funds in your account and that the card you use for payment of the Fees is valid. If a direct debit or automated payment has failed, you will be notified and a manual payment to your local provider will then be required to retain the Pupil’s space in the class. You will be responsible for any fees or penalties that Little Kickers incurs as a result of a failed payment unless the failure is to due to a problem with the payment provider or Little Kickers.

 

4.2.3   When paying online, we will accept most major cards except for AMEX and Diners.

 

4.2.4   The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of Little Kickers, unless the Pupil 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.

 

4.2.5   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, where local authorities/public guidance advise that classes should be temporarily suspended for health or other reasons or for other similar causes beyond the reasonable control of Little Kickers, then no refunds nor credits shall be given.

 

4.2.6   We may change the Fee for our Courses from time to time but will not do so for any Course for you have already enrolled and paid for.  Any such changes in Fees will only take effect from the next Course you book with Little Kickers. Current Course Fees can be requested from your local provider at any time.  

 

4.2.7   Birthday Parties and Holiday Courses are run separately from our regular Courses. Payment for these will be made separately from regular Course Fees.

 

 

5. Cancellation by Little Kickers

5.1

Little Kickers may cancel this agreement at any time before the Pupil commences the Course for any reason whatsoever. Little Kickers shall not be liable for any loss or damage whatsoever arising from such cancellation but will refund in full any Course Fee paid in accordance with clause 5.6.

 

5.2

In the unlikely event of ‘last minute’ lesson changes or a lesson cancellation by us, Little Kickers will provide as much notice as possible. Little Kickers will not reimburse any expenses incurred by a Parent or Carer failing to pick up their message.

 

5.3

If a lesson is cancelled by Little Kickers (other than for the reasons set out in clause 4.2.5), we will offer you a credit for the value of the cancelled lesson to be added to your account (“Credit”), which will be credited against the next Course booked or refunded in accordance with clause 5.4.

 

5.4

Should the Pupil leave Little Kickers before the Credit has been used we will refund the Credit to you within 30 days.

 

5.5

If insufficient children are booked into your Course, Little Kickers reserves the right to cancel the Course at any time. In this instance Little Kickers will offer you either an alternative Course to attend or a refund will be given in accordance with clause 5.6 for any remaining sessions after the cancellation.

 

5.6

In the event of cancellation by Little Kickers in accordance with clause 5.1 or 5.5, Little Kickers will refund any fees for outstanding classes not attended within 30 days

5.7

The Parent understands and agrees that sessions are ongoing and to be used consecutively. No credits or refunds will be issued for missed classes (see Clause 6).

 

6. Attendance

 

6.1

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 in advance you are unable to attend a lesson, please let us know giving at least 48 hours’ notice by emailing or telephoning your local provider.

 

6.2

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.

 

6.3

If you are unable to attend a session you may choose to “Send-a-Friend” instead. The Little Kickers 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.

 

7. Cancellation by the Parent / Carer

 

7.1

None of the provisions of this clause 7 affect or derogate from any rights of cancellation and other rights you may have under the Consumer Guarantees Act 1993.

 

7.2

For New Customers our customer guarantee is that the Pupil will love the Little Kickers programme, however if for any reason you attend your first session and decide that you do not wish to continue, Little Kickers offers you a full refund as long as you notify your local provider in writing of your intention not to continue with the Course, 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 only be eligible for a refund in accordance with clause 7.3.

 

7.3

Existing customers who want to cancel their Course can do so by notifying your local provider, in writing, and giving 1 month’s (30 days) notice.  Little Kickers 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 Little Kickers cancels a session (see clause 5).  A refund will be given within 30 days of cancellation for those classes (if any):

 

7.3.1   Which are part of the Course that has been cancelled;

 

7.3.2   For which, the Fees have been paid; and

 

7.3.3   Which classes are scheduled more than 30 days after the notice of cancellation is received by your local provider.

 

8. Parent's Responsibility

8.1

The Parent warrants and represents that;

 

8.1.1   The Parent has reviewed the information set out in the Enrolment Form (whether or not completed and/or signed by the Parent) and that information is complete and accurate in all respects.  The Parent will notify Little Kickers of any change in such information immediately.

 

8.1.2   When attending the Course and any session or class held as part of that Course, neither the Pupil nor the Carer will be suffering from any contagious illness, disease, injury or anything similar thereto that may adversely affect the health or safety of themselves or any other person.

 

8.1.3   The Parent will inform Little Kickers of any condition that could affect their own*, the Carer’s or their child’s capabilities during sessions. The Parent agrees to promptly inform us of any changes to any condition or any new condition, as soon as you become aware of them.  This can be updated by contacting your local provider. All information provided to us will be treated as strictly confidential.

 

*Little Kickers’ classes require Parent/Carer participation.

 

8.1.4   The Pupil shall be deemed to be under the direction, care and control of the Carer throughout the Course 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*.

 

*Except during classes where the Pupil is NOT accompanied by the Parent or Carer (during the Mega Kickers classes for example) and for these classes the Parent or Carer must inform Little Kickers prior to the class of any concerns they have.

 

8.1.5   The Parent shall indemnify and keep indemnified Little Kickers against all direct and reasonable loss, liability, costs and expenses which Little Kickers shall incur as a consequence of any wilful or negligent action or inaction of, or as a consequence of any breach of this agreement by, the Parent, the Carer or the Pupil. 

 

8.1.6   Parents, Carers and Pupils 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 Little Kickers determines the behaviour of the Pupil and/or the Parent/Carer to be unacceptable, Little Kickers 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 Little Kickers shall (in its entire discretion) determine.

 

8.1.7   The standard of behaviour which is to be regarded as unacceptable at a Course or on the Premises shall be as reasonably determined by Little Kickers.  A breach of our photography policy in clause 8.3 shall be deemed to be reasonable grounds for excluding the Parent/Carer and their Pupil.

 

8.1.8   The Parent/Carer is allowed to bring siblings of the Pupil onto the Premises as long 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.

 

8.1.9   Parents accept that at times there will be physical contact between the teacher and Pupil, which will always be carried out in a professional, appropriate and caring manner.

 

8.2. Session Rules

 

8.2.1   Parents/Carers, for health and safety purposes, please supervise your child(ren) around the Premises prior to your session start time.

 

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

 

*At some indoor Premises, the sessions are more successful when the Parents sit outside the room with siblings/buggies etc. during the course of the session. We accommodate this in certain Premises but to fulfill our insurance obligations and keep the session safe for everyone we maintain ratios of 1:4 for children under 3 years and 1:8 for children aged 3 years and over. Where held inside, the doors to the room must be closed and noise levels outside the session kept to an acceptable level for the users of the remainder of the venue. Parents/Carers must not leave the area outside the room and must be made aware that they remain responsible adults for their child/ children at all times.

 

8.2.3   Please help us start and finish sessions on time by arriving promptly for your session. Please let the coaching team know if you have to leave the session early for any reason; this is for health and safety purposes.

 

8.2.4   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 8.1.8)

 

8.2.5   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.

 

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

 

8.2.7   Parents/Carers should take all litter home with them or place it in the appropriate receptacle at the Premises when leaving following sessions.

 

8.2.8   To comply with our ‘Safeguarding & Child Protection Policy’ and best practice, any photos or videos parents/carers are only permitted to take photographs or videos at Little Kickers sessions strictly in accordance with our Photography policy in clause 8.3. obtained.

 

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

 

8.2.10 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 provider will notify you if a session takes place outdoors).

 

8.2.11 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 your local provider’s administration team.

 

8.3 Photography Policy

 

By way of background, we recognise that mobile phones provide most of the population with access to a camera, most of the time.  Whilst some Parents and Carers have a relaxed attitude to their child being photographed, this is not the case for every Parent.  Concerns about safety and security can result in Parents not wanting their child to appear in photographs, particularly those which may end up on social media and be shared across a broad audience.  Other Parents may have different reasons – perhaps they are fostering a child and for security reasons they do not want him / her to be photographed.  Whatever the reason, we like to respect our Parents’ wishes when it comes to photographing their children, so if Parents or Carers wish to take photographs or video footage during our lessons, they must strictly adhere to the following terms. Any person not following these terms may be asked to leave the lesson and, in accordance with clause 8.1.6, may be excluded from the Course and any future involvement with the Little Kickers programme:

 

8.3.1   Photography can only take place during ‘free play’ and must not interfere with the lesson. There must be no other customers in the background. Photography at any other time is strictly prohibited.

 

8.3.2   Photography is only permitted if your child/relative are taken aside from the class and away from the rest of the customers so that they are not visible in the image. Photography with the coaches is purely at the discretion of the coach.

 

8.3.3   Parents who are concerned that their child is in an image taken by another customer have the right to ask to view that image and for it to be deleted if they are in fact in the shot.

 

8.3.4   Remain sensitive to the feelings of others and always stop filming should you be asked to do so.

 

8.3.5   You must adhere to rules at individual Premises, some of which do not permit the use of photography equipment. If this is the case with your Premises, we ask that you respect their policy.

 

8.3.6   Photography where the Premises are shared with members of the public will not be permitted.

 

8.3.7   The recording or reproduction of any part of the Course, class or lesson content in any form (e.g. on the internet, DVDs, photographs etc.) is strictly prohibited.

 

8.3.8   Anyone suspected of filming or photographing the lessons for any purpose of publication or for the purpose of recording or copying Course content will be asked to leave the Premises and will be excluded from future involvement in the Course and any other Little Kickers programme.

 

8.3.9 The Coach at each lesson has the right to view the images taken and to delete any taken at the Premises. In all instances the decision of the Little Kickers team member is final.

 

8.3.10 Your local provider may occasionally offer a special photo week at the Venue at which other photography is permitted.  Your local provider will provide advance notice of and directions for photography at any such event.

 

9. Complaint’s Procedure

 

9.1

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

 

9.1.1

In the first instance, we encourage you to speak to the Coach, or telephone your local provider, who will try to resolve the matter to your satisfaction.

 

9.1.2

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

 

9.1.3

If the response from your local provider is not satisfactory, a written complaint should be submitted for the attention of the Customer Care Co-ordinator at the New Zealand Master Franchisee to the email address above (see Clause 3.2).

 

10. Website & Social Media Information

 

10.1

The material made available on the www.littlekickers.co.nz website, including materials in linked sites directly or indirectly accessible from this site, are provided ‘as is’, with no warranty of any kind, express or implied, including those of merchantability and fitness for a particular purpose. Any reference to linked sites or to third party companies, products or services by name does not constitute or infer its endorsement by Little Kickers or the Licensor. Little Kickers and the Licensor have used all reasonable endeavours to ensure that information provided through the website is accurate at the time of inclusion, however, to the full extent permitted by law, it accepts no liability for any inaccuracies, errors or omissions in the site. The information available on the site may be incomplete, out of date or inaccurate. Little Kickers and the Licensor reserve the right at any time and without prior notice to make changes and corrections to the material on the site. Little Kickers and the Licensor accept no liability for any loss or damage of whatsoever nature caused by the use or the inability to use the materials available in this site or any linked site. Little Kickers and the Licensor have taken all reasonable steps to ensure that the intellectual property of third parties is not infringed. If however, you genuinely believe that the material on this site infringes any intellectual property rights, please contact the Licensor directly. All images displayed on this website are under the ownership of the photographer concerned.  Agreement to display the photographs has been reached and they are not available to be copied.



11.  Limitation of Liability

11.1

The liability of the Licensor, Little Kickers, its coaches, servants, employees or agents under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Parent, the Pupil or any other party arising directly or indirectly or in any way connected with the attendance of the Pupil at the Course (or any part of it) or any other act or omission on the part of Little Kickers or any of its coaches, employees or agents is limited to the lesser of:

11.1.1 the direct and reasonable loss suffered by the Parent, Pupil or other party; or

11.1.2 the Fee paid for the Course in relation to which the damage, expense or delay arose.

 

11.2

The Parent agrees (for and on behalf of the Parent and the Pupil) that any claim by the Parent or the Pupil against Little Kickers or any coach, employee or agent of Little Kickers must be brought within 12 months of the event that gave rise to such claim. Little Kickers and the Licensor agree that any claim by Little Kickers and/or the Licensor against the Parent must be brought within 12 months of the event that gave rise to such claim.  Any claim made thereafter shall be time-barred.

11.3

To the full extent permitted by law, all warranties and conditions whether implied by statute or otherwise are excluded from this agreement. Nothing in this agreement affects the statutory rights of the Parent or Pupil including rights under the Consumer Guarantees Act 1993.



12. General

12.1

Little Kickers accepts the service of documents via email and all notices to be sent by either party to the other shall be sent in writing.

 

12.2

The failure by either party to enforce at any time or for any period any one or more of the obligations arising under these Terms shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms.

 

12.3

The Parent acknowledges, has read and understood the Little Kickers Privacy Policy found here: https://www.littlekickers.co.nz/privacy. A copy of the Little Kickers Safeguarding Policy is available from your local provider.

 

12.4

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

 

12.5

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

 

12.6

This contract is between you and Little Kickers. Subject to clause 12.8, no other person shall have any rights to enforce any of its terms.  

12.7

If any provision of this agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this agreement shall not be affected

12.8

The obligations and duties of the Parent and Carer under this Agreement are for the benefit of Little Kickers and also (in accordance) with Part 2, Subpart 1 of the Contract and Commercial Law Act 2017, for the benefit of and may be enforced by the Licensor (or any of them).   

12.9

These Terms together with the completed Enrolment Form, the Course information and other documents referred to in these Terms (such as Little Kicker’s privacy policy), constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is not contained herein shall be binding or form part of this agreement.

12.10

The safety and wellbeing of the Pupil is of the upmost importance to Little Kickers. We have a responsibility to report any inappropriate or suspicious behaviour to the relevant authorities.

12.11

Whilst we will try to ensure you always have the same teacher in a particular class, we cannot guarantee this as teachers may fall ill, leave or cancel for personal reasons. On occasion we may also need to have a new teacher join or lead your lesson in order to complete their teacher training or assessments. Little Kickers will use its best efforts to ensure that this will in no way affect the quality of your lesson.

12.12

Our classes are designed with a child’s physical, social, cognitive and emotional development in mind. Moving children into classes before a certain age could be challenging for them and detrimental to their progress. We have therefore applied a minimum and maximum age to each level, which is based around these considerations and must be adhered to (please see www.littlekickers.co.nz/ourclasses).

12.13

We reserve the right to make amendments to our Terms at any time to reflect changes in our business or statutory obligations. The new version of our Terms will be posted on our website and, unless you and we otherwise agree in accordance with clause 2.3, will take effect from the next time you enroll for a Course with Little Kickers.  If you book lessons after the new Terms have come into effect as part of your booking process you will indicate your agreement to be bound by them. Previous versions of our Terms can be requested frominfo@littlekickers.co.nz.

12.14

This entire agreement shall be governed by New Zealand Law and shall be subject to the jurisdiction of the courts of New Zealand.

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