Terms & Conditions

1. Definitions

1. "Booking Form" means the form relating to the booking or re-booking of the Participant for a Term as set out at the booking stage of the website
2. "Carer" means the person who attends the class with the Participant and is responsible for their welfare
3. "Class(es)" means a Rugbytots class described on the Booking Form
4. "Coach" means the individual engaged by Rugbytots Franchisee to teach Classes. Whilst every effort will be taken to maintain the consistency of the Coaches during the Term Rugbytots retains the right to retain the right to change the coaching staff where necessary
5. "Fees" means the value chargeable to attend Classes for a Term, as specified on the Booking Form
6. "Parent" means a parent or legal guardian of the Participant who will be responsible for the payment of the Fees and who is the contracting party to this contract and who shall (if the Carer is not the Parent) be responsible for compliance with these Terms & Conditions by the Carer
7. "Participant" means the child who is attending or who is booked on to a Rugbytots Class who details are specified by the Parent or Carer on the Booking Form
8. "Premises" means the premises where the Classes take place
9. "Rugbytots" means the Rugbytots Franchisee (or Rugbytots Ltd where the territory is operated directly ), as named on the Booking Form, the company or person with whom you have entered into this contract in respect of the provision of classes and Rugbytots Ltd in respect of the provision of the Rugbytots Kit.
10. "Term" means the agreed dates on the Booking Form and as described under "view classes" on the Website
11. "Terms & Conditions" means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Rugbytots and the Parent
12. "Website" means the website at www.rugbytots.com.au

2. Acceptance

1. All agreements and issues relating to the teaching of the Classes by Rugbytots to the Participant and the on-going communication with Coaches, back office staff and Rugbytots head office are subject to the Terms & Conditions to the exclusion of all others.
2. No variation or addition to the Terms & Conditions shall be binding unless agreed in writing by Rugbytots and the Parent.
3. These Terms & Conditions shall be deemed to be accepted by the Parent and the Carer once the box is ticked on the Booking Form and confirmation of payment of Fees has been received by Rugbytots.
4. Rugbytots may cancel this contract at any time before the Participant commences a Term, for any reason whatsoever. Rugbytots shall not be responsible for any loss or damage whatsoever arising from such cancellation but will refund Fees paid for the remaining Classes in the Term.

3. Confidentiality

1. By agreeing to these Terms & Conditions the Parent and/or Carer agrees not to share any aspects of Rugbytots programme with a third party who may be involved in a business that operates in the same market as Rugbytots. The Parent and/or Carer will not be involved directly or indirectly with such a company.
2. The Parent and/or Carer will not take, replicate or use any Rugbytots material directly or indirectly for his/her own use or for use by any third party
3. The Parent and/or Carer agree not to directly or indirectly be involved or interested in the any business which competes with Rugbytots while the participant is a pupil of Rugbytots and for a period on one year thereafter.

4. Parent/Carer Obligation

1. The Parent warrants that the information provided on the Booking Form is accurate and up to date in all respects at the point of booking. Any changes will be sent by the Parent and/or Carer to Rugbytots immediately.
2. It is the Parent and/or Carer's responsibility to inform Rugbytots of any special medical conditions at the point of booking. This includes behavioral disorders.
3. The Participant and/or Parent and/or Carer must not attend any Class whilst suffering from any serious illness or contagious disease or anything similar thereto.
4. During all Classes the Parent and/or Carer agrees and accepts the sole responsibility, general conduct and care for the Participant during the Class and whilst on the Premises.
5. Rugbytots does not allow the Parent and/or Carer to leave the Participant for any amount of time before, during or after a Class.
6. Rugbytots shall have the sole right to exclude the Participant and/or Parent and/or Carer either permanently or for such period as Rugbytots shall (in its entire discretion) determine if deemed necessary for the safety and well being of other participants or parents or carers.

5. Outdoor Classes

Where classes are run in a public space such as a park, recreation ground or sports club operated on council grounds, our coaches will always carry out a dynamic risk assessment, including an inspection of the “pitch” / general area that is being used for Rugbytots classes. If for any reason the area is not deemed safe or appropriate, the class will be moved. This inspection will not include the wider remit of the area and Rugbytots only assumes responsibility for the area marked out as the “Pitch”. Rugbytots will not be held responsible for any incidents that are out of our control and parents/carers must assume the same responsibility they would during any visit to a public area and as a result always take full responsibility for themselves and their dependents. For the avoidance of doubt, the behaviour of members of the public, pets and any wildlife are all deemed to be out of Rugbytots control.

6. Limitation of liability

1. The Parent and/or Carer agrees that any claim made against Rugbytots will be made in writing within 30 days of the incident taking place and failure to report in writing within this time will negate any such claim.
2. The maximum aggregate liability for Rugbytots to the Participant, Parent and/or Carer will not exceed the Fees.
3. Neither Rugbytots nor any Coach, coaches assistant nor any employee, agent or other representative accepts responsibility in respect of loss, damage or expense incurred by a Participant, Parent and/or Carer arising directly or indirectly or in any way connected with the attendance of the Participant, Parent and/or Carer at Classes (or any Class) or any other act or omission on the part of Rugbytots, its Coaches, coaches assistants, employees, agents and/or representatives.
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 excluded liability for death or personal injury caused by the negligence of Rugbytots, it Coaches, coaches assistants, employees, agents and/or representatives or affects the statutory rights of the parent or Participant.
5. The Parent and/or Carer agrees that any product purchased from the Rugbytots merchandise store is to be used at their own risk. Rugbytots will not accept responsibility for any personal injury which may occur due to improper use. As a consequence, Rugbytots recommends that all equipment is used under the supervision of a Parent/Carer.

7. Fees & Payment

1. The Parent shall pay the Fees for the Term to Rugbytots prior to the Participant commencing a Term.
2. The Fees are not refundable in any circumstances whatsoever other than with the written consent of Rugbytots.

8. General

1. By agreeing to these terms and conditions the Parent consents that the data provided (non-financial) can be shared within the Rugbytots group.
2. The Parent shall indemnify and keep indemnified Rugbytots against all loss (including loss of profit), liability, cost and expenses which Rugbytots may incur directly or indirectly as a consequence of any action or inaction of the Parent, Carer and/or Participant.
3. Any notices to be sent by either party to the other shall be sent by pre-paid recorded delivery or hand delivered to the address of the relevant party and shall be deemed to have been received by the addressee within 48 hours of posting or immediately if hand delivered.
4. The failure by either party to enforce at any time or for any period any one or more of the obligations arising under this contract shall not be a waiver of them or of the right at any time subsequently to enforce any or all of such obligations.
5. These terms and conditions constitute the entire agreement between the parties hereto and supersedes prior agreements and understandings between the parties.