Terms & Conditions
1. Definitions
1.1
"Coach" means the individual(s), employed by Netzfit to take the session. Whilst every effort will be taken to maintain the consistency of the Coaches during the Sessions, Netzfit unreservedly retain the right to change the coaching staff where necessary,
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1.2
"Session" means the Netzfit session you are attending or enrolling on
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1.3
"Enrolment Form" means the online form relating to the enrolment of the athlete on the session, by the Parent
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1.4
"Fee" means the monetary cost per session or per month as specified on the enrolment form
1.5
"Netzfit" means the company or person with whom you have entered into this agreement; the title "Netzfit" where used in this document refers to the entity running the Netzfit session you are attending or enrolling on and no other entity in the Netzfit Group,
1.6
“New Customers” refers to children of parents who are attending a Netzfit class for the first time.
1.7
"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 contract
1.8
"Premises" means the venue where the Session takes place
1.9
"Athlete" means the child attending the session, whose details are specified by the Parent on the Enrolment Form
1.10
“Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Netzfit and the Parent
1.11
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. Acceptance of Terms and Conditions.
2.1
Please read these terms carefully before you book our sessions. These terms tell you who we are, how we will provide sessions to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.2
All those wishing to attend a Netzfit Session 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.
2.3
These are the terms and conditions on which we provide Netzfit Sessions to you. No variation or addition to the Terms shall be binding unless agreed in writing by Netzfit and the Parent.
2.4
All agreements relating to the teaching of the Session by Netzfit to the Athlete are subject to these Terms to the exclusion of all other terms and conditions.
2.5
In the unlikely event of a customer failing to abide by these terms and conditions, a customer may be requested to discontinue with Netzfit. In this instance Netzfit will be under no obligation to provide a refund for any outstanding sessions.
2.6
The Parent agrees to keep the content of the Netzfit Session and the Netzfit Training Programme confidential and not to copy or use any aspect of the Netzfit Programme directly or indirectly. The Parent agrees not to directly or indirectly manage, operate or assist in the organisation of any business which competes with Netzfit while the Athlete is a member of Netzfit and for a period of two years afterwards.
3. Information about Head Office and how to contact us.
3.1
Netzfit is a trading name of the partnership between Simon, Becky & Megan Perkins and the office address is Little Allamoor Farm, Mansfield Road, Farnsfield, Newark, Nottinghamshire NG22 8JA. For the purposes of Data Protection Netzfit is a data controller. Our ICO registration number is: ZB819507.
3.2
For specific questions about your Netzfit Sessions, please contact your local provider directly. Alternatively, contact Netzfit by email info@netzfit.co.uk or by post at Netzfit, Little Allamoor Farm, Mansfield Road, Farnsfield, Newark, Nottinghamshire NG22 8JA.
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 Session.
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4. Booking, Payment & Cancellation
4.1 Booking a class
4.1.1
You can make a session booking over the phone with your local provider or online at www.netzfit.co.uk
4.1.2
You must provide us with specific personal information in order to book a session with us. Full details of the information we collect can be found in our Data Privacy Policy here :
https://www.netzfit.co.uk/privacy-policy
4.1.3
During the booking process, you will be asked to read and agree to our Terms and Conditions (this document), which includes our Session Rules. Upon completion, you will receive a confirmation email detailing what you have booked, information about the time/location of your Session and other information about the programme.
4.1.4
All Session timetables are correct at time of publishing. If your session time/location changes, your local provider will contact you.
4.1.5
All of our prices include standard rate VAT where applicable.
4.2 Payment
4.2.1
Lessons are paid for monthly in advance and must be paid in full prior to the athlete commencing the Sessions. Your initial payment will comprise your first month of Session Fees as well as the Membership Fee, which includes a Netzfit Training Vest includes a Netzfit training vest and New Netball for your child. Subsequent monthly payments will be taken automatically on the same date as your first session (i.e. if your Session started on the 9th of the month, this would then become your future monthly billing date). Your monthly Fee will be based on your current session Fee, reduced by any credits that are on your account e.g. cancelled session credits.
4.2.2
You hereby authorise Netzfit to take automatic monthly payments on the basis described in 4.2.1 above (“Continuous Payment Authority”) until such time as you give us 30-days written notice to cancel this authorisation. Payments will be taken from the card from which you made your last payment. If you want to change the card details, please contact your local Netzfit provider.
4.2.3
It is your responsibility to make sure that there are sufficient funds in your account and that the saved card is valid. If an automatic payment has failed, you will be notified and a manual payment to your local Netzfit provider will then be required to retain your space in the class. You will be responsible for any fees or penalties that Netzfit incurs as a result of a failed payment.
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4.2.4
The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of Netzfit, unless the child has attended the first session and given notice (in writing) that they will not be continuing to attend sessions within 24 hours of attending the first session, in which case the fees, excluding any Membership Fee, will be refunded in full within 7 days.
4.2.5
If live classes are cancelled for any reason outside the control of Netzfit, including (without limitation) as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, strikes or terrorist activity), or where local or governmental authorities/public guidance advise that live classes should be temporarily suspended for health or other reasons (Extreme Reasons), then a session credit will be given.
4.2.6
If your session fee changes you will be notified of your revised payment schedule by your local Netzfit provider.
4.2.7
Birthday Parties and Holiday Camps are run separately from our regular sessions. Payment for these will be taken separately from your automatic monthly payments and will not affect your regular payment due dates.
4.2.8
When paying online, we will accept:
Visa Credit,
Visa Debit,
MasterCard Credit,
MasterCard Debit,
American Express Credit,
American Express Debit,
China UnionPay,
Diners,
Discover
Visa Electron,
Maestro,
JCB.
5. Cancellation by Netzfit
5.1
Netzfit may cancel this contract at any time before the Athlete commences the sessions for any reason whatsoever. Netzfit shall not be liable for any loss or damage whatsoever arising from such cancellation.
5.2
In the unlikely event of “last minute” session changes or a session cancellation by us, Netzfit will notify you with as much notice as possible. Netzfit will not reimburse any expenses incurred by a customer failing to pick up their message, unless extenuating circumstances can be proven.
5.3
If a lesson is cancelled by Netzfit, other than in accordance with clause 4.2.5, we will give you a credit for the value of the cancelled session to be added to your account.
5.4
Should you decide to leave Netzfit before the Credit has been used we will refund the Credit to you.
5.5
If insufficient children are booked into your session, we reserve the right to cancel the session. In this instance we will offer you either an alternative session or a refund will be given for any remaining sessions after the cancellation.
5.6
In the event of cancellation by Netzfit prior to the commencement of the Session by the Athlete, Netzfit will refund any fees for outstanding sessions within 7 days
5.7
The Parent understands 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 session payment has reserved your place just for you and if you miss a session for any reason we are unable to refund you. If you know you are unable to attend a session, 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 session, your circumstances change and you are, in fact, able to attend the session, you must speak to your local provider first. Please do not just turn up to your normal session as; if the session is full, your child will not be able to participate for insurance reasons.
7. Cancellation by the Parent
7.1.
The cancellation rights generally available to consumers in accordance with their statutory rights do not apply to the sessions provided by us.
7.2
For New Customers our customer guarantee is that you will love the Netzfit programme, however if for any reason you attend your first session and decide that it is not for you, we will offer you a full refund as long as you notify us in writing of your intention not to continue, 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 not be eligible for a refund.
7.3
Existing customers who want to cancel their course can do so by notifying their local provider, in writing, and giving 1 month’s (30 days) notice. Netzfit will confirm the date of the customer’s final session 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 Netzfit cancels a session (see clause 5).
8. Parent's Responsibility.
8.1
The Parent warrants and represents that;
8.1.1
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 Netzfit of any change in such information immediately.
8.1.2
When attending the Sessions, the Athlete will not be suffering from any contagious illness, disease, injury or anything similar thereto.
8.1.3
It is the customer’s responsibility to inform the local provider of any condition that could affect their child’s capabilities during sessions. You must agree to inform us of any changes, as soon as you become aware of them. This can be updated by contacting your local office. All information provided to us will be treated as strictly confidential.
8.1.4
The Parent acknowledges and agrees that the Athlete shall be deemed to be under the direction of the Netzfit coach for the duration of each session.
8.1.5
The Parent shall indemnify and keep indemnified Netzfit against all loss (including loss of profit), liability, costs and expenses which Netzfit shall incur directly or indirectly as a consequence of any action or inaction of the Parent or the Athlete.
8.1.6
Customers / Athletes 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 Netzfit determines the behaviour of the Athlete and/or the Parent to be unacceptable, Netzfit shall be entitled to exclude the Athlete and the Parent (or either of them) from Sessions and Premises permanently or for such period as Netzfit shall (in its entire discretion) determine.
8.1.7
The standard of behaviour which is to be regarded as unacceptable at a Session or on the Premises shall be determined by Netzfit.
8.1.8
The Parent is allowed to bring siblings of the Pupil onto the Premises as long as long as they do not get involved in the sessions (unless the sibling enrolls into the appropriate age-group class). The sibling is the responsibility of the Parent at all times.
8.1.9
Customers accept that at times there will be physical contact between the coach and their child, which will always be carried out in a professional and caring manner.
8.2. Session Rules;
8.2.1
For Health and Safety purposes please supervise your child(ren) around the court/venue prior to your session start time and after the session has finished and please be on time to collect your child at the end of a session.
8.2.2
Please remember that you are the responsible adult for your child when he/she is attending a Netzfit session. Responsible adults should ensure that they are prompt when collecting their child and must be seen by the coach before they allow the child to leave the venue.
8.2.3
Please help us start and finish sessions on time by arriving promptly (ideally 10 mins before) for your session and taking any litter home with you when you leave. Please let the coaching team know if you have to leave the session early for any reason; this is for emergency evacuation purposes.
8.2.4
Athletes should provide their own water (in a suitable water bottle) but no food must be eaten on the court to avoid the hazard of choking.
8.2.5
Athletes should take all litter home with them following sessions.
8.2.6
To comply with our “Safeguarding & Child Protection Policy” and best practice, we request that parents DO NOT take photographs or videos at Netzfit sessions. Whilst our coaches will do their best to enforce a total ban on the use of photographic/film or video equipment by parents at sessions, due to the nature of their work and the concentration required during the delivery of sessions, we are unable to guarantee this, and your cooperation would be appreciated. From time to time Netzfit may organise class photo shoots or record certain drills for analysis or marketing purposes, but only where all parental consents have been obtained.
8.2.7
Please try to keep noise and disturbance from the sidelines to a minimum to avoid distracting your child, the coach(es) and others.
8.2.8
Please ensure your child is wearing athletic clothing and proper footwear (ideally netball trainers) 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). Your child should also bring adequate fluids in a water bottle and their own netball (provided by Netzfit).
8.2.9
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 the administration team.
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:
9.1.1
Speak to the Coach, or telephone your local Netzfit 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 Netzfit provider.
9.1.3
If the response from your Netzfit provider is not satisfactory, a written complaint should be submitted for the attention of the Simon Perkins at Netzfit (Head Office) to the email address above (see Clause 3.2).
10. Website & Social Media Information
10.1
The material made available in this site, 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 Netzfit. Netzfit has used all reasonable endeavours to ensure that information provided through this website is accurate at the time of inclusion, however 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. Netzfit reserves the right at any time and without prior notice to make changes and corrections to the material on the site. Netzfit accepts 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. Netzfit has 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 Netzfit 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. Exclusion of Liability
11.1
Except in the case of fraud and subject to clause 7 below, Netzfit, its coaches, servants, employees or agents accept no responsibility under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Parent, the Athlete or any other party arising directly or indirectly or in any way connected with the attendance of the Athlete at the Session (or any part of it) or any other act or omission on the part of Netzfit or any of its coaches, employees or agents even if such act or omission is negligent.
11.2
The Parent agrees (for and on behalf of the Parent and the Athlete) that any claim by the Parent or the Athlete against Netzfit or any coach or employee of Netzfit must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be time-barred.
11.3
The Parent acknowledges, warrants and undertakes (for and on behalf of the Parent and the Athlete) that the maximum aggregate liability of Netzfit to the Parent and/or Pupil under these terms shall not exceed the Fee.
11.4
All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of Netzfit, its coaches, servants, employees or agents or affects the statutory rights of the Parent or Athlete.
12. General.
12.1
Netzfit accepts the service of documents via email and any 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 Netzfit Data Privacy Policy found here: https://www.netzfit.co.uk/privacy-policy. A copy of the Netzfit 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
Nobody else has any rights under this contract. This contract is between you and Netzfit. No other person shall have any rights to enforce any of its terms.
12.7
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.8
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the service, we can still require you to make the payment at a later date.
12.9
These Terms 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 your child or the child in your care is of the upmost importance to Netzfit. 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 coach in a particular session, we cannot guarantee this as coaches may fall ill, leave or cancel for personal reasons. On occasion we may also need to have a new coach join or lead your session in order to complete their training or assessments. This will in no way affect the quality of your session.
12.12
Our Sessions are designed with a child’s physical, social, cognitive and emotional development in mind. Moving children into sessions before a certain age could be challenging for them and detrimental to their progress and will only be done where a coach is confident that they could cope well.
12.13
We reserve the right to make amendments to our Terms and Conditions at any time to reflect changes in our business or statutory obligations. The new version will be posted on our website and will take effect immediately upon posting. If applicable these changes will be communicated to all our customers by email. If you book sessions after the new Terms and Conditions 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 and Conditions can be requested from info@netzfit.co.uk
12.14
This entire agreement shall be governed by English Law and shall fall under English jurisdiction. For Republic of Ireland based courses, this entire agreement shall be governed by Republic of Ireland Law and shall fall under Republic of Ireland jurisdiction.
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13. Photographs & Video
13.1
Netzfit will from time to time have live video & photography during sessions and may use the images/video recordings or part thereof for our marketing purposes online via our website and our social media channels which can be found at: Facebook – @netzfit, Instagram – @netzfitperformance
13.2
Images posted will adhere to England Netball Safeguarding guidelines and will be anonymised, never identifying children by their first and second names.
13.3
Please contact us at info@netzfit.co.uk you would like to opt-out of the publication of images. Please notify us as quickly as possible, by email, otherwise, it will be deemed that you have granted permission for the images to be used.
13.4
Netzfit Social Media Channels should not to be used for grievances or complaints and instead a copy of our grievance / complaints procedure maybe requested by emailing : info@netzfit.co.uk
13.5
Netzfit reserves the right to remove any negative comments aimed at Netzfit, its partners, customers or children participating in our sessions.
13.6
Our social media channels are used to positively promote Netzfit and its athletes and all content will do this as far as possible.