TERMS AND CONDITIONS

SUPPLY OF CRICKET COACHING SERVICES

  1. Basis of Contract
  • The following terms and conditions apply to any cricket coaching session offered by Arif Rashid Cricket Coaching Limited, Company Number 12778179, (“ARCC”), (“Session(s)”) from time to time and booked by you through the booking form on ARCC’s website, arifrashid.com.
  • Any booking which you seek to place with ARCC through ARCC’s booking form on the Website (or otherwise) constitutes an offer by you to purchase a place on the relevant Session, subject always to these terms and conditions.
  • Your booking will only be deemed to be accepted by ARCC once ARCC notifies you by email that your order is confirmed and your payment has been received (“Booking”), upon which date, you and ARCC will enter into an agreement and any such agreement will be governed by these terms and conditions, and any additional terms set out by the ARCC from time to time (“Agreement”).
  • If you are unable to accept these terms and conditions, you will be unable to book any Sessions.
  1. Supply of Services 
  • On receipt of full payment of Fees (as defined below), ARCC will supply cricket coaching services to you pursuant to the specifications set out on the Website (“Services”).
  • ARCC will provide Services to you using reasonable skill and care, the quality of which shall meet industry standards and will comply with any applicable laws (including health & safety laws) and statutory requirements for supplying such sessions in the United Kingdom.
  • ARCC reserves the right to amend any Services from time to time, which are required in order to adequately comply with any applicable laws, government orders, safety requirements or any such changes that ARCC considers appropriate and which do not materially affect the nature or quality of the Sessions.
  1. Fees
  • The fees for the Session shall be set out on the Website. You will need to pay any such fees in full via the booking form on the Website in order for your booking to be accepted in line with clause 1.3 (“Fees”).
  • Should the Fees not have been paid or received in accordance with the terms of this Agreement, you will not be permitted to attend the Session and ARCC will notify you of any such failure or error in payment.
  1. Your Obligations
  • By booking a Session through the Website, you represent, warrant and agree:
  • You are the parent or legal guardian of the child or children for whom the Sessions are booked for (the “Participant(s)”);
  • You are at least 18 years old and legally capable of entering into binding agreements;
  • All the Participants are reasonably fit and healthy and capable of participating on the Sessions and that you have fully, truthfully and accurately disclosed any and all relevant details or medical conditions in the Booking Form on the Website (or Participation Form where applicable) which may impact the Participant’s involvement on the Session;
  • You will be fully responsible for the supervision of the Participant during the Session, and at no time will you leave the Participant unsupervised during the Session, unless you have obtained the prior written permission of ARCC;
  • You will fully comply with ARCC’s COVID-19 policy as displayed on the Website and you will ensure that the Participants are fully compliant;
  • You will ensure that the Participant fully complies with any instructions or guidance from ARCC, safety regulations or regulations otherwise in effect relevant to such sessions, including but not limited to, wearing a helmet, bringing the correct equipment and kit to the sessions.
  1. Intellectual Property Rights

The copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, right to sue for passing off or unfair competition, rights in designs, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights whether registered or unregistered, arising in, out of, or in connection with the Services (including, but not limited, on the Website or advertising or promotional material) shall remain the exclusive property of ARCC.

 

  1. Filming and Photography
  • You agree that ARCC (including, but not limited to, any of its employees, affiliates, associated companies or any third parties selected or designated by ARCC in its sole discretion) is permitted, during the Sessions, to make videos, take still photographs and make sound recordings of the Participant’s voice and statements and use the Participant’s name, image and likeness (together, the “Footage”), solely for the purposes of creating and distributing advertising and promotion materials in connection with the ARCC’s cricket coaching business, in any and all media, now known or devised hereafter.
  • You agree, and will ensure that the Participant agrees, that ARCC may use the Footage in accordance with the terms under this clause 6, without any remuneration to you or permission, prior approvals or creative input from you or the Participant whatsoever.
  • ARCC will be the exclusive owner of the Footage and any intellectual property rights in or connected with the Footage. You agree ARCC may edit, alter or modify the Footage in its sole discretion. You agree ARCC may upload the Footage on to the Website and ARCC’s social media platforms (as detailed on the Website) which will become accessible across the public internet. You irrevocably and unconditionally waive, on behalf of the Participant, the benefit of any “moral rights”.
  1. Cancellations and Refunds
  • You must cancel a Booking by providing notice by telephone or email at the earliest time possible.
  • Should you cancel a Booking within 24 hours of the start of the Session, you will not receive a refund for the Fees paid for the Session. ARCC will instead endeavour to rearrange the cancelled session at a mutually convenient time and date within 14 days from the date of the original Booking.
  • Should you cancel a Booking more than 24 hours before the start of the Session:
  • ARCC will endeavour to rearrange the missed session at a mutually convenient time and date within 14 days from the date of the original Booking;
  • If an appropriate replacement Booking cannot be arranged between yourself and ARCC, as per clause 7.3.1, ARCC will refund 100% of the Fees paid for the original Booking within 7 days from this date.
  • Should ARCC cancel a Booking before the start of the Session:
  • ARCC will promptly notify you by telephone or email and will endeavour to rearrange the missed session at a mutually convenient time and date within 14 days from the date of the original Booking;
  • If an appropriate replacement Booking cannot be arranged between yourself and ARCC, as per clause 7.4.1, ARCC will refund 100% of the Fees paid for the original Booking within 7 days from this date.
  • Any cancellation by ARCC due to events outside of its control will be subject to the terms in clause 9.
  1. Limitation of Liability and Disclaimers 
  • By accepting the terms and conditions of the Agreement, you acknowledge and agree:
  • the activity of the Session involves a natural risk of injury to the Participant given its physical nature. You are responsible for the Participant’s safety and accept this natural risk in order for the Participant to take part in the Session;
  • the Participant takes part in the Session at their own risk and those Participant’s with injuries, illnesses or conditions that may be adversely affected by participating in the Session should not take part. You agree to disclose all injuries, illnesses or conditions in accordance with clause 4.1.3; and
  • You will, and you will ensure the Participant will, fully comply with ARCC’s safety protocols during or in connection with the Session in order to minimise any risk of injury of danger.
  • Whilst ARCC has taken all reasonable steps to provide the Sessions in the safest environment possible, ARCC is unable to take any responsibility over and beyond ARCC’s implied legal obligations. Subject to clause 8.3, you agree that you, and not ARCC, are responsible for any and all direct and indirect losses, damages, injuries and risks you or the Participant may be exposed to in connection with the Session, including without limitation, as a result of any medical conditions or relevant details: i) disclosed in the Participation Form; ii) undisclosed by you to ARCC; or iii) unknown at the time of the Booking. You waive all rights, release, hold harmless and discharge ARCC and any parties connected to ARCC including, but not limited to, its employees, contractors or its designated third parties, of and from any and all claims, damages, losses and liabilities of every kind, whether now known or unknown, arising out of the Participant’s participation in the Session, subject always to clause 8.3.
  • Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:
  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; and
  • any other matter for which it would be illegal or unlawful for ARCC to exclude, attempt to exclude or limit liability.
  1. Force Majeure
  • ARCC will not be in breach of the Agreement nor liable for any delay or failure in performance of its obligations hereunder that are caused or contributed to by events outside of ARCC’s reasonable control. Any such events include, without limitation, adverse weather conditions such as snow, storms, floods, earthquakes, fires, explosions or subsidence; epidemics or pandemics (subject to clause 9.3); strikes, lockouts or industrial action; civil commotion, riot, invasion, terrorism or threats of terrorism; governmental orders, legislations, restrictions or lockdowns of the government, or any other event which ARCC reasonable considers materially interferes or restricts the performance of its obligations under the Agreement (“Force Majeure Event”).
  • In such circumstances, the obligations of ARCC will be suspended for the duration of the Force Majeure Event, provided ARCC provides notice of Force Majeure Event to you as soon as reasonably possible. ARCC will provide a 14-day period for rescheduling any Bookings cancelled due to the Force Majeure Event once the Force Majeure Event has concluded. However, should the Force Majeure Event continue for a period longer than 30 days, the Booking and the Agreement will automatically terminate and no period for rescheduling will be provided by ARCC. In such event, or if an alternative Booking cannot be arranged by you and ARCC, ARCC will provide a 100% refund of Fees.
  • Notwithstanding the preceding clauses 9.1 and 9.2, the direct and indirect impact of coronavirus (“COVID-19”) at present or in the future is not considered a Force Majeure Event. Instead, in the event that ARCC considers the risk or severity of COVID-19 to be at a level which renders the Session to be unsafe to run or the government introduces any local or national lockdown measures hindering or preventing performance of ARCC’s obligations hereunder, ARCC is entitled to immediately terminate the Booking and the Agreement with you on notice in accordance with clause 10.1. In such event, ARCC will provide a 100% refund of Fees.
  1. General

10.1    Termination

Without affecting any other right or remedy available to ARCC, ARCC has the right to terminate the Agreement or cancel any Booking by written notice (including email) to you.

10.2    Data Protection

ARCC is the controller and responsible for your personal data. ARCC will only use the personal data provided by you on behalf of yourself and the Participant in order to legitimately administer the Sessions, as per the rules of Regulation (EU) 2016/679 (the GDPR) and in accordance with ARCC’s Privacy Policy.

10.3   Entire Agreement

This Agreement and the documents referred to in it constitutes the entire agreement and understanding of the parties relating to the Services and supersedes any previous agreement between the parties relating to the subject-matter of this Agreement. No oral representations, warranties or promises shall be implied as terms of the Agreement. This Agreement can only be modified by ARCC.

10.4      Governing Law and Jurisdiction

The Agreement and any non-contractual obligations arising out of or in connection with the Agreement or the subject-matter thereof shall be governed by and construed in accordance with the English law, and each Party submits to the exclusive jurisdiction of the English courts.