Terms & Conditions
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,
1.2
"Session" means the Netzfit session you are attending or enrolling on
1.3
"Enrolment Form" means the online form relating to the enrolment of the athlete on the session, by
the Parent
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 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.
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 or by email to info@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
Sessions are paid for monthly in advance or on an adhoc basis in advance of the said session and
must be paid in full prior to the athlete commencing the Sessions. Your Session Fee(s) 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
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, will be refunded in full within 7 days.
4.2.3
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.
4.2.4
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
Applepay
Googlepay
5. Cancellation by Netzfit
5.1
Netzfit may cancel this contract at any time before the Athlete commences any 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, 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 sessions can do so by notifying their local provider, in
writing, and giving at least 7 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).
7.4
Existing customers may cancel any session and receive a full refund for those sessions within 7 days
of receiving the cancellation in writing. Alternatively, they may choose to use the cost of those
sessions towards further sessions at a later date.
7.5
Any cancellation notified between 7 days and 48 hours of the session will be credited only for use at
a future session and any notification within 48 hrs of a session will lose that sessions fee, including
any no shows on the night of the session.
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 enrols 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.
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