Terms and conditions
“Agreement” means this agreement;
“Carer” means the person/persons (which may be the Parent) who attend the Class, Course or any part of the Course, with the Pupil;
“Class” means a single session Little Kickers class;
“Coach” means the individual(s), employed by Little Kickers to teach the Class or Course. Whilst every effort will be taken to maintain the consistency of the Coaches during the Class or Course, Little Kickers unreservedly reserves the right to change a Coach where necessary;
“Course” means the Little Kickers Course described overleaf;
“Enrolment Form” means the form relating to the enrolment of the Pupil in the Class or the Course;
“Fee” means the amount payable for the Class or Course as specified on the Enrolment Form
“Little Kickers” means the company with whom the Parent has entered into this Agreement and no other entity;
“Parent” means a parent or legal guardian of the Pupil who will be responsible for the payment of the Fee for the Class or Course and who is the contracting party to this Agreement;
“Premises” means the premises where the Class or Course takes place;
“Pupil” means the child attending the Class or Course, whose details are specified by the Parent or Carer on the Enrolment Form;
“Services” means the provision of the Class or Course to the Pupil by Little Kickers;
“Terms” means the terms and conditions set out in this Agreement and any special terms andconditions agreed in writing by Little Kickers and the Parent.
2.1 All Services provided by Little Kickers to the Pupil are subject to these Terms, which may be changed by Little Kickers in any manner, and at any time, and any such changes will be notified to the Parent in writing by Little Kickers.
2.2 The Parent acknowledges that by paying the Fee, the Parent has read, understood and accepted the Terms and agrees to be bound by them.
2.3 The Parent acknowledges that all information and material relating to the Little Kickers business (including but not limited to the training material used in the Class or Course) is the intellectual property of Little Kickers and is to be kept confidential at all times. The Parent may not use, interfere with or copy any of Little Kickers intellectual property at any time whatsoever.
2.4 The Parent warrants that it has informed the Carer of the obligations regarding intellectual property and confidentiality, as specified in clause 2.3, and that the Carer understands these obligations and has agreed to be bound by them.
3. Fee and Payment
3.1 The Fee must be paid by the Parent to Little Kickers, without deduction, prior to the Pupil commencing the Class or Course. Little Kickers reserves the right to vary the Fee at any time, provided reasonable notice of this is given to the Parent.
3.2 The Fee is non-refundable except where a Pupil has attended an initial class of a Course and the Parent has given notice to Little Kickers (within 24 hours of the Pupil attending the initial class) that the Pupil will not be continuing with the Course, in which case the Fee will be refunded in full by Little Kickers.
3.3 Little Kickers will not be liable for any breach of this Agreement (and will not be required to refund any part of the Fee to the Parent) in the event of a “force majeure” which shall mean failure or delay to provide the Services as a result of extreme weather conditions, natural disaster, fire, flood or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Little Kickers.
4.1 Little Kickers reserves the right to cancel a Class or Course (prior to commencement of the Class or Course) for any reason whatsoever, including inadequate numbers. On this event, the Parent will be notified as soon as possible and Little Kickers will refund any Fee paid for the cancelled Class or Course.
5. Parent’s Responsibility
5.1 The Parent warrants and represents that:
(a) The information set out in the Enrolment Form (whether or not completed and/or signed by the Parent) is accurate in all respects and the Parent will notify Little Kickers of any change in such information immediately;
(b) When attending the Class or Course, neither the Pupil nor the Carer will be suffering from any illness, infectious disease or anything similar thereto; and
(c) The Parent acknowledges and agrees that the Pupil shall be deemed to be under the direction, care and control of the Carer throughout the Class or Course and that the Carer shall be responsible for the welfare and conduct of the Pupil throughout the Class or Course and whilst the Pupil is on the Premises.
6.1 The Parent hereby defends, indemnifies and holds harmless, Little Kickers from and against all loss (including loss of profit), injury, liability, damages, claims, costs and expenses (including legal expenses) which Little Kickers shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Pupil (including negligence).
7.1 In the event that Little Kickers reasonably determines the behaviour of the Pupil and/or the Carer to be unacceptable, Little Kickers shall be entitled to exclude the Pupil and the Carer (or either of them) from the Class, Course and the Premises permanently, or for such period as Little Kickers shall (in its entire discretion) determine.
7.2 The standard of behaviour which is to be regarded as unacceptable at a Class, Course or on Premises shall be determined by Little Kickers.
8. Exclusion of Liability
8.1 Little Kickers accepts no responsibility 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: cancellation of a Class or Course in accordance with clause 4; exclusion of the Pupil or Carer from the Class or Course in accordance with clause 7.1; the provision of the Services to the Pupil; or any damages or loss caused by Coaches, employees, agents or pupils of Little Kickers or any other persons whatsoever (whether similar to the foregoing or not).
8.2 The liability of Little Kickers to the Parent or the Pupil arising out of any claim for damages for any cause whatsoever will be limited to the actual damage or loss suffered by the Parent or Pupil, or the amount of the Fee, whichever is the lesser.
8.3 No action may be brought by the Parent or the Pupil more than two months after it became aware of the cause of action.
8.4 All warranties, descriptions, representations and conditions whether expressed or implied by law, trade, custom or otherwise are expressly excluded. The Parent acknowledges that Little Kickers is not bound by any representations, statements, warranties, conditions or agreements made by any agent, or representative of Little Kickers, that are not expressly specified in this Agreement.
9.1 The failure by Little Kickers 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.
9.2 The Parent, in agreeing to the terms of this Agreement, consents to the data overleaf being shared by Little Kickers with other companies in the Little Kickers franchise system.
9.3 These Terms constitute the entire agreement between Little Kickers and the Parent 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.
9.4 This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand courts.
9.5 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.