policies

Terms and Conditions

FIRST KICK FOOTBALL NURSERY TERMS AND CONDITIONS

  1. Definitions

1.1 "First Kick Football", "First Kick Mini Kickers", "First Kick", "we", "us" or "our" means First Kick Nursery and/or any authorised franchisee operating under licence from First Kick Mini Kickers.

1.2 "Parent" means the parent, legal guardian or person responsible for payment of Membership Fees and who enters into this Agreement.

1.3 "Guardian" means any adult authorised by the Parent to accompany or attend Sessions with the Player.

1.4 "Player" means the child enrolled in Sessions.

1.5 "Session" means any class, training session, football activity, event or programme delivered by First Kick Football.

1.6 "Venue" means the location at which Sessions are delivered.

1.7 "Coach" means any employee, contractor, volunteer or representative engaged by First Kick Football to deliver Sessions.

1.8 "Membership" means the ongoing monthly membership arrangement between First Kick Football and the Parent.

1.9 "Membership Fee" means the monthly fee payable by the Parent.

1.10 "DBF Award" means any Development Beyond Football reward, prize or recognition issued by First Kick Football.

1.11 "Sticker Programme" means the sticker chart, reward stickers and associated reward system operated by First Kick Football.

  1. Acceptance of Terms

2.1 By enrolling a Player, attending a free trial, making payment or attending a Session, the Parent agrees to be bound by these Terms and Conditions.

2.2 These Terms constitute the entire agreement between First Kick Football and the Parent.

2.3 First Kick Football reserves the right to amend these Terms from time to time. Any material changes shall be communicated with not less than thirty (30) days' notice.

2.4 Continued participation in Sessions following notification of revised Terms shall constitute acceptance of those revised Terms.

  1. Free Trials, Membership and Fees

3.1 First Kick Football may offer a free trial period of up to two (2) weeks to new customers.

3.2 Free trials are offered at the discretion of First Kick Football and may be withdrawn, amended or refused at any time.

3.3 Following expiry of the free trial period, Membership shall commence unless cancelled before the end of the trial.

3.4 Membership operates on a rolling monthly basis.

3.5 The Membership Fee is £33.99 per calendar month unless otherwise notified.

3.6 Membership Fees reserve the Player's place within a class and are payable regardless of attendance.

3.7 Missed Sessions are forfeited and are not refundable, transferable, replaceable or redeemable for alternative Sessions.

3.8 Players may not attend alternative venues, classes or Sessions to make up missed attendance unless expressly authorised in writing by First Kick Football.

3.9 Membership Fees are reviewed annually.

3.10 First Kick Football reserves the right to amend Membership Fees upon providing at least thirty (30) days' written notice.

3.11 Membership Fees are non-refundable except where required by law or expressly agreed by First Kick Football in writing.

  1. Session Delivery, Coaches and Venues

4.1 Whilst every effort is made to maintain consistency, First Kick Football reserves the right to change Coaches, assistant coaches, volunteers, Venues, class times, age groups, session structures and programme content where reasonably necessary.

4.2 First Kick Football reserves the right to relocate Sessions to an alternative Venue where operationally required.

4.3 First Kick Football will use reasonable endeavours to minimise disruption to services.

4.4 Where reasonably possible, alternative arrangements may be offered.

4.5 No refund, credit, replacement Session or compensation shall be offered where no more than two (2) Sessions are cancelled by First Kick Football within any six (6) month period.

4.6 First Kick Football shall not be liable for cancellation, interruption or modification of Sessions resulting from circumstances outside its reasonable control including but not limited to:

(a) adverse weather;
(b) flooding;
(c) fire;
(d) utility failures;
(e) venue closures;
(f) public health restrictions;
(g) industrial action;
(h) terrorism;
(i) acts of God; or
(j) any force majeure event.

4.7 In such circumstances no refund, credit or replacement Session shall be due.

  1. Cancellation by Parent

5.1 Membership may be cancelled by providing not less than thirty (30) days' written notice to info@firstkickminikickers.co.uk.

5.2 Cancellation requests must include:

(a) Parent's full name;
(b) Player's full name;
(c) Venue attended;
(d) Session day and time.

5.3 Cancellation shall only become effective once acknowledged by First Kick Football.

5.4 Cancellation of a recurring card payment, Direct Debit, standing order, bank instruction or payment mandate does not constitute valid notice of cancellation.

5.5 Membership Fees remain payable throughout the notice period.

5.6 No refund shall be payable for unused Sessions, partial months or missed Sessions.

5.7 Failure to attend Sessions does not terminate Membership or payment obligations.

  1. Failed Payments, Chargebacks and Debt Recovery

6.1 The Parent is responsible for ensuring Membership Fees are paid in full and on time.

6.2 Any unpaid Membership Fee shall remain immediately due and payable.

6.3 Where a payment is cancelled, reversed, disputed, charged back or otherwise unpaid, the outstanding balance shall remain a debt owed to First Kick Football.

6.4 First Kick Football reserves the right to immediately suspend the Player from attending Sessions where fees remain outstanding.

6.5 Suspension shall not remove the Parent's obligation to pay any outstanding sums.

6.6 If payment remains outstanding following reasonable attempts to recover the debt, First Kick Football reserves the right to:

(a) refer the matter to a third-party debt collection agency;
(b) instruct solicitors;
(c) commence court proceedings;
(d) pursue any other lawful recovery action.

6.7 The Parent shall be liable for any reasonable administrative charges, collection costs, debt recovery fees, enforcement costs and legal costs incurred by First Kick Football in recovering outstanding sums to the extent permitted by law.

6.8 First Kick Football reserves the right to refuse future enrolments, memberships, bookings or services where a Parent has outstanding debts or a history of payment disputes or chargebacks.

 

  1. Parent Responsibilities

7.1 The Parent warrants that all information supplied to First Kick Football is accurate, complete and up to date.

7.2 The Parent shall promptly notify First Kick Football of any changes to contact details, emergency contacts, medical information or other relevant information.

7.3 The Parent acknowledges that participation in Sessions involves physical activity and confirms that, to the best of their knowledge, the Player is fit and able to participate.

7.4 The Parent and/or Guardian remains responsible for the supervision, conduct and welfare of the Player before, during and after Sessions.

7.5 The Parent shall ensure that the Player arrives on time and is collected promptly at the conclusion of Sessions where applicable.

7.6 The Parent shall be responsible for any loss or damage caused by the Player, Parent or Guardian through negligence, recklessness or deliberate misconduct.

7.7 Appropriate clothing and footwear must be worn at all Sessions.

7.8 First Kick Football reserves the right to refuse participation where clothing, footwear or equipment is considered unsafe or unsuitable.

  1. Health and Safety

8.1 Players must not attend Sessions whilst suffering from:

(a) sickness or diarrhoea;
(b) fever;
(c) contagious illness;
(d) infectious disease; or
(e) any condition which may place others at risk.

8.2 The Parent must notify First Kick Football of any:

(a) allergies;
(b) medical conditions;
(c) disabilities;
(d) additional needs; or
(e) medication requirements.

8.3 First Kick Football may refuse participation where it reasonably believes attendance may pose a risk to the Player or others.

8.4 First Kick Football reserves the right to seek emergency medical treatment where reasonably necessary and where a Parent or emergency contact cannot immediately be reached.

  1. Behaviour and Conduct

9.1 All Parents, Guardians, Players and spectators must behave respectfully towards Coaches, staff, volunteers, franchisees, venues and other participants.

9.2 The following behaviour shall be considered unacceptable:

(a) abusive language;
(b) threatening behaviour;
(c) intimidation;
(d) harassment;
(e) discrimination;
(f) bullying;
(g) violence;
(h) disruption of Sessions;
(i) damage to property;
(j) behaviour that creates a safeguarding concern.

9.3 First Kick Football reserves the right to remove any Parent, Guardian or Player from a Session immediately where behaviour is considered unacceptable.

9.4 First Kick Football may suspend or terminate Membership without refund where behaviour breaches this clause.

9.5 The standard of conduct deemed acceptable shall be determined by First Kick Football acting reasonably.

  1. Social Media and Reputation

10.1 Parents, Guardians and spectators shall not knowingly publish, post, distribute or communicate material which is false, defamatory, abusive, threatening or malicious towards:

(a) First Kick Football;
(b) its franchisees;
(c) Coaches;
(d) employees;
(e) volunteers; or
(f) participants.

10.2 First Kick Football encourages complaints to be raised directly through its complaints procedure before publication on public forums.

10.3 First Kick Football reserves the right to suspend or terminate Membership where online conduct materially damages the reputation, welfare or operations of First Kick Football.

10.4 Nothing in this clause prevents genuine reviews or lawful consumer feedback.

  1. Safeguarding

11.1 First Kick Football operates safeguarding policies designed to protect children and vulnerable individuals.

11.2 All Parents, Guardians and Players agree to comply with safeguarding procedures implemented by First Kick Football.

11.3 Any safeguarding concern should be reported immediately to a Coach or designated safeguarding lead.

11.4 First Kick Football reserves the right to take any action reasonably necessary to protect the welfare of participants.

  1. Intellectual Property

12.1 All coaching methods, lesson plans, session content, activities, games, systems, programmes, branding, logos, trademarks, videos, photographs and materials remain the exclusive intellectual property of First Kick Football.

12.2 No Parent, Guardian or third party may copy, reproduce, distribute, adapt, exploit or commercially use any aspect of the First Kick Football programme without prior written consent.

12.3 Participation in Sessions does not grant any intellectual property rights to Parents, Guardians or Players.

  1. Non-Solicitation of Coaches and Staff

13.1 During Membership and for twelve (12) months following termination, The Parent shall not directly or indirectly:

(a) employ;
(b) engage;
(c) contract with;
(d) solicit; or
(e) attempt to solicit

any Coach, employee, contractor or franchisee of First Kick Football for the purpose of providing competing services.

13.2 This clause is intended solely to protect the legitimate business interests of First Kick Football.

  1. Photography, Video and Media Consent

14.1 By enrolling a Player, the Parent grants permission for photographs and videos to be taken during Sessions.

14.2 Such images and recordings may be used for:

(a) marketing;
(b) advertising;
(c) social media;
(d) websites;
(e) training;
(f) educational purposes; and
(g) promotional materials.

14.3 Consent may be withdrawn at any time by emailing info@firstkickminikickers.co.uk.

14.4 Withdrawal of consent shall apply only to future use and shall not require removal of material already lawfully published where removal would be impractical or disproportionate.

14.5 First Kick Football shall take reasonable care when selecting and publishing images involving children.

  1. Data Protection

15.1 First Kick Football shall process personal data in accordance with applicable UK data protection legislation including the UK GDPR and Data Protection Act 2018.

15.2 Personal information may be collected and processed for:

(a) administering Membership;
(b) delivering Sessions;
(c) safeguarding;
(d) customer support;
(e) payment processing;
(f) marketing communications where permitted.

15.3 Information may be shared with authorised franchisees where necessary to administer Membership and deliver services.

15.4 Full details of data processing activities are available within First Kick Football's Privacy Policy.

  1. DBF Awards, Sticker Programme and Rewards

16.1 First Kick Football may operate a Sticker Programme, DBF Award scheme or other reward programmes from time to time.

16.2 Participation in any reward programme is discretionary and forms no part of the Membership Fee.

16.3 Rewards, stickers, certificates, gifts, prizes and DBF Awards:

(a) have no cash value;
(b) cannot be exchanged for money;
(c) are non-transferable; and
(d) may be amended, substituted or withdrawn at any time.

16.4 Players shall generally receive one sticker per attended Session, subject to availability and programme rules.

16.5 First Kick Football reserves the right to determine:

(a) which stickers are issued;
(b) the criteria for receiving stickers;
(c) the availability of rewards; and
(d) the eligibility requirements for DBF Awards.

16.6 Lost, damaged or destroyed sticker charts may not be replaced at the discretion of First Kick Football.

16.7 Themed stickers may be replaced at the discretion of First Kick Football.

16.8 Completed sticker charts must be submitted in accordance with the instructions issued by First Kick Football.

16.9 First Kick Football does not guarantee the availability of any specific reward, gift or DBF Award.

16.10 Rewards remain subject to stock availability.

16.11 First Kick Football reserves the right to discontinue any reward programme without compensation.

  1. Gifts and Promotional Items

17.1 Any gifts, promotional items or merchandise distributed by First Kick Football are provided voluntarily and form no part of the Membership Fee.

17.2 Such items:

(a) carry no monetary value;
(b) cannot be exchanged;
(c) are subject to availability.

17.3 First Kick Football reserves the right to alter, substitute or discontinue promotional items at any time.

17.4 Unclaimed gifts may be withdrawn after a reasonable period.

17.5 Where postage or delivery is requested, any applicable costs may be charged to the Parent.

  1. Lost Property

18.1 Parents and Players are responsible for their personal belongings at all times.

18.2 First Kick Football accepts no responsibility for:

(a) lost property;
(b) stolen property;
(c) damaged property; or
(d) personal possessions left at a Venue.

18.3 Any lost property retained by First Kick Football may be disposed of after a reasonable period.

  1. Franchise Transfers and Business Changes

19.1 First Kick Football reserves the right to transfer the administration, operation or delivery of Sessions to another authorised franchisee, company or operating entity.

19.2 Any such transfer shall not affect:

(a) Membership;
(b) payment obligations;
(c) Session attendance rights; or
(d) these Terms and Conditions.

19.3 The Parent agrees that relevant information may be transferred between authorised First Kick Football operators for the purposes of:

(a) delivering services;
(b) safeguarding;
(c) customer support;
(d) Membership administration.

19.4 First Kick Football reserves the right to restructure, merge, transfer or reorganise its operations without affecting existing Membership agreements.

  1. Complaints Procedure

20.1 Any complaint concerning a Session, Coach, Venue, employee, franchisee or service should be submitted in writing to First Kick Football.

20.2 Complaints should be emailed to:

info@firstkickminikickers.co.uk

20.3 First Kick Football shall be given a reasonable opportunity to investigate and respond before escalation.

20.4 First Kick Football shall endeavour to acknowledge complaints within a reasonable timeframe.

20.5 Nothing in this clause affects any statutory rights available to the Parent.

  1. Limitation of Liability

21.1 Nothing in these Terms excludes or limits liability for:

(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability that cannot legally be excluded under applicable law.

21.2 Participation in Sessions involves physical activity and inherent risks.

21.3 The Parent accepts such risks on behalf of themselves and the Player to the extent permitted by law.

21.4 Subject to Clause 21.1, First Kick Football shall not be liable for:

(a) indirect loss;
(b) consequential loss;
(c) loss of opportunity;
(d) loss of enjoyment;
(e) loss of earnings;
(f) loss of business.

21.5 Subject to Clause 21.1, the total aggregate liability of First Kick Football arising out of or in connection with these Terms shall not exceed the Membership Fees paid by the Parent during the preceding twelve (12) months.

21.6 First Kick Football shall not be responsible for any loss arising from circumstances outside its reasonable control.

  1. Suspension Rights

22.1 First Kick Football reserves the right to suspend Membership immediately where:

(a) fees remain unpaid;
(b) safeguarding concerns arise;
(c) abusive conduct occurs;
(d) a complaint requires investigation;
(e) health and safety concerns exist;
(f) there is a suspected breach of these Terms.

22.2 Suspension shall not affect any obligation to pay Membership Fees unless otherwise agreed by First Kick Football.

22.3 First Kick Football reserves the right to determine the duration of any suspension.

  1. Entire Agreement

23.1 These Terms and Conditions constitute the entire agreement between the parties.

23.2 The Parent acknowledges that they have not relied upon any statement, representation or promise not expressly contained within these Terms.

23.3 No variation to these Terms shall be effective unless made by First Kick Football in accordance with Clause 2.

  1. Waiver

24.1 Failure by First Kick Football to enforce any provision shall not constitute a waiver of its rights.

24.2 Any waiver shall only be effective if confirmed in writing.

  1. Severability

25.1 If any provision of these Terms is found by a court or competent authority to be invalid, illegal or unenforceable, that provision shall be severed.

25.2 The remaining provisions shall remain in full force and effect.

  1. Governing Law and Jurisdiction

26.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.

26.2 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  1. Contact Details

First Kick Football

Website:
www.firstkickminikickers.co.uk

Email:
info@firstkickminikickers.co.uk

27.1 All notices relating to Membership, cancellations, complaints or general enquiries should be sent to the contact details above.

27.2 Notices sent by the Parent shall only be deemed received once acknowledged by First Kick Football.

END OF TERMS AND CONDITIONS