BACKGROUND:

These Terms and Conditions are the standard terms which apply:

A.    to provision of any school Club (as defined in Clause 1 below) by Ruby Cheer & Fitness.

B.    where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1.    Definitions and Interpretation 

1.1    In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

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“Business”    means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Consumer”  means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from Us consisting of one or more cheerleading club classes.

“School Club/Class/Session”     means any group session at which We provide or lead any physical exercise class, including any teaching, coaching, instruction or training and all facilities, services, equipment, and other goods and materials which we provide/use in connection with any such Class;

“Our premises”    means the premises at which We hold Classes
   
“Booking Form”    means the booking form that We provide to You for You to register your class on our website

“Regulations”    means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“We/Us/Our”     means Ruby Cheer & Fitness contact is info@rubycheerfitness.co.uk;

“You/Your”    means an individual to whom We agree to provide any Class to or their child.

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1.2    Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1    “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.2    a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

1.3    The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

1.4    Words signifying the singular number shall include the plural and vice versa; and

1.5    References to any gender shall include the other gender.

2.    Registration

2.1    In order to attend any School Club You first have to register with Us and You may do so by completing the Booking Form and agreeing in that Form to these Terms and Conditions on our website.

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2.2    The details that You provide and confirm in the Booking Form must be complete and correct at the time of filling out.
   

3.    Booking and Cancellation of School Classes, Expulsion, and Consumer Rights

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3.1    A School Club and Your place in that Club is subject to availability. No priority is given, and places in a Class are allocated on a first-come-first-served basis. We will not reserve or guarantee a place for any School Club unless You book and pay for that place.

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3.2    You may book a School Club place through Our website on Our on-line booking system.

3.3    When You book any School Club, We will require You to pay in advance for the term, and We will be entitled to keep some or all of that payment as set out in sub-Clause 3.6 below if You later cancel the School Club without giving Us prior notice.

3.4    We may treat a School Club place that You have booked as cancelled by You without notice to Us if Your child does not attend 3 consecutive classes and You have not contacted us. We may then (but We are not obliged to) give Your place to another child. We may decide to make a charge to You for that cancelled place, and sub-Clause 3.6 below will apply.

3.5    You may cancel a School Club place without charge if You give Us at least 24hrs prior notice before the first session. If You do so We will refund to You any sum You paid.

3.6    If You do not give Us at least 24hrs prior notice of cancellation of a School Club place, We will be entitled to charge You for up to full price of that school Club. 

3.7    If, due to exceptional circumstances including, but not limited to, illness, accidents and other circumstances that are out of your control, You can cancel a School Club place without giving Us at least 24hrs prior notice. We will consider the circumstances and, in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.6.

3.8    We may cancel a School Club/session in the following circumstances:

3.8.1    The required minimum number of students has not been reached; or

3.8.2    The required coach necessary for the Class is not available due to illness; or

3.8.3    An event described in sub-Clause 8 below occurs; or

If We cancel a session in such circumstances We will refund to You in full the payment that You have made to Us for that session.

 
3.9    School Club Classes, prices and instructors are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.

3.10    We reserve the right to expel You from any School Club if Your conduct is in Our reasonable opinion unacceptable, or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that School Club Class. You will not be entitled to any refund for a School Club Class started but not completed due to such expulsion. 

3.11    You may for any reason cancel a booked School Club place. If You request that Your booking be cancelled, You must confirm this in any way convenient to You via online on Our website message service or email. If You cancel as allowed by this Sub-clause 3.11, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation.

 

4.    Fees and Payment
 

4.1    You must pay the full amount for the term in advance and before the first session.

4.2    You may pay Us for the School Club using the following method:

4.2.1    Credit/debit card by using our online booking system on our website;

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4.2.2    Bank Transfer to Ruby Cheer Fitness account

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5.    Fitness, Health and Safety

5.1    You acknowledge that certain School Clubs may be physically strenuous and You agree that You voluntarily participate in such Classes with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Class.

5.2    You must ensure that you are fit and well enough to participate in any Class that You book.

5.3     If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant medical professional or other adviser before attending the cheerleading Club. We cannot and do not provide any such advice.

5.4    You agree that when You register and when You book and attend any Class, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any School Club.

6.    Rules

6.1    School Club requires specific type of clothing, footwear and other items, You must provide them for Your child. All jewellery should be removed before a School Club session. If You do not comply with any of these dress requirements, We may not allow Your child to participate in the Class. 

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6.2    School club is not a replacement for childcare, parents should be available in any circumstance such as a cancelled session. 

7.    Events beyond our reasonable control

7.1       We will not be liable for any failure or delay in performing Our obligations under   the contract resulting from any cause beyond Our reasonable control.

7.2      If any event described under sub-Clause 8.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of School Clubs as necessary. 

8.    Limitation of Liability

8.1    We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.

8.2    We provide all School Clubs to You only for Your personal and private use/purposes. We make no warranty or representation that any clothing or other goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

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8.3    Each of Our coaches are appropriately qualified to conduct the particular School Club which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical, health, or fitness professional or therapist.

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8.4    If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest or visitor to Our premises even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our premises.

 

8.5    Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

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8.6    Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

8.6.1    the Consumer Rights Act 2015; 
8.6.2    the Regulations;
8.6.3    the Consumer Protection Act 1987; or
8.6.4       any other consumer protection legislation 
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

 

9.    Changes to Terms and Conditions 

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

10.    How We Use Your Personal Information (Data Protection)
 

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from www.rubycheerfitness.co.uk/privacy

11.    Regulations 

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
 

12.    Information

As required by the Regulations:

12.1     all of the information described in Clause 11; and 

12.2     any other information which We give to You about any School Club or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about School Club Classes; 

will be part of the terms of Our contract with You as a Consumer.
 

13.    Complaints

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our School Club or any other complaint about Us or any of Our coaches, please raise the matter with Shanique Gonzalez-Cooke who can be contacted via email at info@rubycheerfitness.co.uk

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14.    No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

15.    Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

16.    Law and Jurisdiction

16.1    These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England.

16.2    As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3    Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

 

This Terms & Conditions policy was last reviewed: 02/02/24