MEMBERSHIP TERMS AND CONDITIONS
These terms and conditions and any hereto (as may be varied from time to time) shall constitute the membership agreement between you and Youngs Football Coaching School LTD (“Membership Agreement”).
By registering as a member of a Youngs Football Coaching School and attending our face to face classes, you are agreeing to accept the terms of this Membership Agreement. We strongly recommend that you print out and save a copy of this Membership Agreement and contact us in case of any issues. We will keep a record of your acceptance of this Membership Agreement.
1. General Terms
“Annual Fee” means the fee payable annually for a Pay As You Go Membership.
“App” means the YFCS mobile application set up for use by Members with respect to Membership benefits and booking on to classes and other associate actions related to accessing YFCS services
“Booking” means the booking on the Website of a session or series of sessions or other facilities and events provided by Youngs Football Coaching School LTD.
“Club” means the YFCS club you have chosen to join.
“Commencement Date” means the date you pay your Joining Fee and first Monthly Fee (or a deferred date as agreed by us).
“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the U.K. including the General Data Protection Regulation ((EU) 2016/679).
“Joining Fee” means the fee that you must pay in order to become a Member which is payable per member and is non-refundable, save in the circumstances set out under clause 2.5 below.
“Fees” means the Joining Fee, Monthly Fee, Annual Fee and any other fee YFCS charges for its membership services.
“Monthly Fees” means the monthly fee payable by a Member.
“Membership” means your membership of a Club.
“Member” means a member of a Club.
“Partners” means third party businesses which assist in providing classes or other services to our Members (which shall include without limitation Premises, instructors, our third party payment processor or businesses that offer discounts or other services to Members).
“Pay As You Go” means a class of Membership whereby a set amount is payable by relevant Members for each session they attend, together with a set Annual Fee, instead of Monthly Fees.
“Premises” means any of the premises at which YFCS provides its services to Members
“Online Sessions” means the provision of a closed invitee Zoom list where we will live stream a selection of YFCS classes plus live talks. A timetable of Online Sessions will be published on the Website.
“Session” means any practical/physical coaching session, class or training session with a Club.
“Session Fee” means the fee for an individual Session.
“YFCS” (or “us, we our”) means Youngs Football Coaching School Limited, a company registered in England and Wales under company number 08457878 and whose registered address is at 537 Aiaccountax Hub 5th Floor – The Grange, 100 High Street, London, England, N14 6BN.
“Website” means [www.yfcschool.co.uk]
2.1 Your Membership will start on the Commencement Date at the Club you have chosen to join and for the type of Membership you have chosen (e.g. Gold Membership).
2.2 You (and all Members) shall pay the Joining Fee at the time of joining at the rate specified by YFCS. Pay As You Go Members must pay a certain specified amount for each Session they attend together with the Annual Fee. Other Members must pay the Monthly Fees. You will be informed of all Fees in advance of your Commencement Date and kept updated on any changes to Fees in advance of any due dates for Fees (and at least 2 weeks prior to any due dates).
2.3 YFCS reserves the right to amend its Fees at any time.
2.4 Apart from 2.5 below, all Fees paid upfront are non-refundable (save for at the sole discretion of YFCS).
2.5 You are entitled to a 14 day cooling-off period starting from your Commencement Date. If you no longer wish to be a Member within this 14 day trial period, please contact your Club to inform them that you wish to cancel your Membership and we will refund your Joining Fee less the YFCS reasonable costs of any sessions already used/attended by you, to be determined by us at our sole discretion. Should you cancel your Membership during the cooling-off period then your Membership together with all associated benefits will cease with immediate effect and you shall not be liable for any additional Fees, save as detailed under this clause 2.5.
2.6 In addition to this Membership Agreement, all Members shall be bound by any separate rules/regulations provided by the Premises or our Partners which shall be made available to the Members from time to time.
2.7 YFCS provides tailored services and reserves the right to reject any application for Membership at its sole discretion.
2.8 We may sometimes need to change Session times, formats or locations. If we need to do this we will, where reasonably possible, send you an email or other electronic message/text notifying you of the change or make an announcement via the Booking system.
2.9 Members must be over 18 years of age.
2.10 In order to make a Booking on the Website and App, you will be provided with secure access to the self-service part of the Website where you can set up a secure login with a username and password. You will be able to view classes booked as well as make additional Bookings.
2.11 On entering Premises or receiving a service from one of our Partners you may be asked to produce your Membership card. Premises and Partners reserve the right to refuse entry/discount or services if your Membership card is not produced.
2.12 Your Membership card is for your personal use only. You may not loan your Membership card to anyone else. Your Membership card remains the property of YFCS and should be returned to us immediately on cessation/termination of your Membership.
2.14 Payment for Fees is taken by our third party payment processor. On making a Booking you will leave the Website and enter a third party’s booking engine followed by another third party’s payment website. Payment is then taken by credit or debit card via a secure connection. YFCS does not have access to your payment card details. Once you leave our Website you are subject to the terms and conditions of our third party booking engine and payment processor. We are not liable for any damage caused to you in relation to using our Partner’s services.
2.15 We will occasionally take photographs and video footage of you and your children’s participation in classes and events. As a Member you give us permission to use such images and footage for the purposes of promoting YFCS’s services. Please inform us immediately if you do not wish us to use such images and footage in this way. We will use reasonable efforts to notify you by email or via our facebook pages the day before any filming or photographs of the class will be going ahead. If you do not wish to participate, please let us know and you may attend an alternative session.
2.16 The monthly Membership starts from the Commencement Date and runs for an indefinite period in monthly segments (for example if you pay your Joining Fee/Monthly Fee on 20th April, your monthly Membership runs from 20th April – 19th May, and rolls over on a monthly basis until terminated in accordance with clause 3 below).
2.17 We will take your Monthly Fee from your account on or around the same date each month until your membership is terminated in accordance with clause 3 below.
2.18 Should your Club need to suspend classes for any reason (for example, due to public health reasons or a pandemic outbreak), your Membership will automatically be downgraded to the Online Package where you can attend our Online Session and the Online Package terms shall apply.
2.19 Members who book on a class and wish to cancel, must do so via our online booking engine at least 24 hours before the session start time. If you do not cancel within this timeframe and do not attend the class, you will be treated as having booked and attended, meaning that class credit will have been used. We reserve the right to cancel your membership if class Bookings are not attended and have not been cancelled in accordance with this clause 2.19 on more than three occasions.
2.20 Gold Package Members can only book and attend classes at their chosen YFCS Club. [Gold Package] Members attempting to access and attend classes at another YFCS Club will be refused entry.
2.21 Paying the Monthly Fee entitles a Member to attend:
(i) unlimited classes where they have joined on our Ultimate Package;
(ii) 4 sessions per month where they have joined as on our Gold Package; or
(iii) 8 sessions per month where they have joined as on our Platinum Package.
A limited number of unused Ultimate class credits can be rolled over to use the following month and will accumulate provided you are still a Member paying Monthly Fees. Any other remaining class credits will be lost and are non-refundable. Details of the different packages and their benefits will be provided to you separately by YFCS.
2.22 Members can downgrade their membership from Ultimate to Platinum or from Platinum to Gold at any time by providing us with one month’s written notice. Any unused class credits which a Member wishes to transfer over to their new Membership package as a result of a downgrade from Platinum to Gold will be subject to charges on a pro rata basis. Contact your Club for details of charges.
2.23 In order to access our Online Sessions, Members must have a Zoom account and accept the terms and conditions of Zoom (https://zoom.us/terms). You will be provided with an email confirming your access to a secure closed Zoom meeting invite link page where you can access the Services via your Zoom account.
3. Term and Termination
3.1 Your Membership Agreement shall commence on the Commencement Date and shall continue until terminated in accordance with these terms.
3.2 We may terminate your Membership with immediate effect in the following circumstances (but in no way limited to the same):
- i) you breach any term of this Membership Agreement;
- ii) where the circumstances under clause 5.2, 5.4 or 5.11 below arise;
- ii) you provide us with false details;
iii) you commit any fraudulent behaviour;
- iv) you commit/use any abusive, threatening, offensive language or behaviour at any Session; or
- iv) you do not pay any of the Fees on their due date.
Pay As You Go Members who have not attended any Session within a 6 month period may have their Membership suspended by YFCS at our sole discretion and you will no longer be entitled to attend any Sessions. Should you wish to re-join after your Membership has been suspended in this way, you must obtain explicit agreement from us and we reserve the right to charge a new Joining Fee.
YFCS reserves the right to terminate the offer of a Membership at any time and at its sole discretion. We will notify you of our decision to do so.
3.3 You may terminate your Membership at any time on one month’s notice by contacting your Club and completing their cancellation form (Pay As You Go Members can terminate at any time as per clause 3.6). YFCS may terminate your Membership at any time on one month’s notice by contacting you in writing by email or other electronic form.
3.4 Your final Monthly Fee will not be pro-rated down so please ensure you terminate at least one week before the date your Monthly Fee is due to be paid as per 3.3 above.
3.5 You may upgrade or downgrade your Membership at any time by providing us with one month’s written notice as per the process in clause 2.22.
3.6 Pay As You Go Members can terminate at any time by providing one month’s advance written notice.
3.7 Any “Ultimate”, “Platinum”, “Gold” or “Pay As You Go” class credits must be used by the date of termination of your Membership. Unused class credits will not be refunded for any reason.
3.8 You will no longer have access to the closed members Facebook group once you have terminated your Membership. You hereby agree to remove yourself from all social media groups of YFCS once your Membership has ceased/is terminated.
4.Amendments to the Membership Agreement
4.1 We may vary and update the terms of this Membership Agreement from time to time. Any such variation or update amend and supersede this Membership Agreement accordingly and shall be binding on you, so as to become your new Membership Agreement governing your Membership. [We will inform you of any material variations and updates to this Membership Agreement as soon as is reasonably practicable in advance of any such variations and updates being made.]
5.1 YFCS classes and services are provided to you at the Premises owned and operated by our third party Partners. Please respect any rules provided by our Partners.
5.2 YFCS reserves the right at its sole discretion to terminate your Membership if a Partner makes us aware of any conduct which breaches their Premises rules or is otherwise disrespectful to Partner’s staff.
5.3 Abusive, threatening conduct, offensive language and/or behaviour is not tolerated by us or our Partners.
5.4 We and our Partners shall be entitled (at our sole discretion) to reasonably refuse entrance to Premises or terminate Membership in the event a Member or their children’s behaviour is deemed unacceptable or endangers the safety or well-being of any individual.
5.5 Members are respectfully requested to arrive for classes and events on time. An instructor may refuse entry if the class has already started.
5.6 YFCS instructors and staff at our Partner Premises are not medically trained and are not qualified to assess whether you or your child are fit and well enough to take part in our classes or events. Please contact your GP if you are in any doubt before starting a class. Also if you or your child feels unwell before or during a class, please let the instructor know as soon as possible.
5.7 All Members must complete a questionnaire on joining which will be emailed to you. Certain medical conditions require written approval from your GP before being able to take part in any physical Session.
5.8 You will only participate in our classes and events if you know you and your child is in good health. It is your obligation to inform us of any medical issues which may impact upon your or your child’s ability to participate in our classes.
5.9 You will not participate in our classes or events if you know you or your child’s health could have an adverse impact on other Members’ health and will not attend classes if you are aware you or your child has a contagious illness or where there is a risk to the health and safety of other Members, our instructors or Partners’ staff. In particular, if you suspect you or a member of your family has contracted COVID-19, [has symptoms of COVID-19 or is undergoing an mandatory quarantine,] please inform us immediately and do not attend any classes for a period of 14 days.
5.10 You agree to respect the privacy of other members and in particular that neither you nor any of your family shall film or photograph any other Members or their children or any third parties without their permission during our classes.
5.11 A breach of this clause shall entitle us to terminate your Membership.
6.1 No advice or information provided by us or our Partners shall create any warranty or legal obligation and we make no warranty that our services shall meet your requirements. We try to make sure that all information that we post on the Website and provided as part of any of our services is correct, and we will use reasonable care and skill in providing the Services to you.
6.2 To the maximum extent permitted by law, we and our Partners shall not be liable for any indirect, incidental or special loss, data breach or loss of goodwill, whether such damage could have been foreseen or whether we were advised of the possibility of such damage or loss. We will not be liable for such losses or damage in connection with our services whether arising in contract, tort or otherwise.
6.3 Notwithstanding clause 6.2 above, in the event that you suffer damage as a result of our failure to fulfil our obligations to you under this Membership Agreement or as a result of our negligent act or omission, our liability to compensate you is limited to the lesser of (i) the amount of Fees we have received from you in one year; or (ii) a reasonable sum having regard to whether the damage was caused by our negligent act or omission.
6.4 Neither us nor our Partners will be liable to you for:
- i) any loss or damage caused by your or your child’s own fault; or
- ii) any loss or damage caused by a third party unconnected with us or our Partners.
6.5 Neither us nor our Partners will be liable for any loss or damage caused to any of your property or personal items brought to the Premises
6.6 Neither us nor our Partners shall be liable to you for any loss or damage caused by events outside our reasonable control (i.e. acts of terrorism, riots, floods, freak weather, snow, fire, etc.)
6.7 You and your child’s participation in all of our Sessions and events is at your own risk.
6.8 You confirm that if you participate in our Online Session you do so (i) at your own risk (ii) in a safe environment in your own home and (iii) you confirm that you are generally fit and healthy and have no underlying health issues that may adversely impact upon your participation in the Online Session. Please listen to your body and when in doubt, stop that particular exercise. You expressly waive and release any claim that you may have at any time for injury of any kind against us and our Partners. You assume all risk of injury by using the Online Session. Please do not use the Online Session if you are not willing to accept this responsibility.
6.9 Nothing in this clause shall exclude our liability for death or personal injury caused by our negligence or any other liability not excludable in law
7.1 No rights shall be conferred by this Membership Agreement on any third parties (other than Partners) and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
7.2 You agree to indemnify us against all liabilities, claims and expenses arising from any breach of this Membership Agreement by you.
7.3 Your Membership is not assignable to any third party. We may assign our obligations under this Membership Agreement to any third party at our sole discretion and on written notice to you.
7.4 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 breaching this Membership Agreement, 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 of any Fees and we do not chase you but we continue to provide our services to you, we can still require you to make the relevant Fees payment(s) at a later date.
7.5 If there is an inconsistency between any of the provisions of this Membership Agreement and the provisions of any schedules hereto, marketing material provided by us or Membership information provided by us, then the provisions of this Membership Agreement shall prevail.
7.6 This Membership Agreement supersedes all prior agreements between you and us and constitutes the entire agreement governing your Membership.
7.7 This Membership Agreement shall be governed by English law and any disputes shall be referred to the courts of England and Wales which shall have sole jurisdiction thereto.
7.8 In the event of any issues with your Membership, please email your Club direct.