1.1 In these Terms and Conditions (“these Conditions”), the following terms shall have the following meanings:
‘Booking’ the booking by which details of the Child and the Services he/she wishes to attend are submitted to Boom Sports LLP via an online booking system or email.
‘Camp’ the holiday camp that the Child is attending, as set out in the Booking;
‘Extras’ any and all extra services provided by Boom Sports LLP, including but not limited to parties, wraparound care, school and extra-curricular services;
‘Services’ the provision of the Camp and/or any Extras for the Child by Boom Sports LLP;
‘Child’ the child or children who will be attending the Services as specified in the Booking;
‘Location’ the location of the Services;
‘Boom Sports LLP’ of the registered office of Flat 127 Shepherds Bush Road, London, W6 7LP;
‘Fees’ the fees shown in Boom Sports LLP leaflet or other published literature including online publications;
‘Your Details’ the Child’s parent(s) or guardian(s) as specified in the contact details section of the Booking and/or electronic online registration system.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Supply of Services
2.1 Boom Sports LLP shall provide the Services to the Child subject to these Conditions. By booking via electronic online booking system or any other form of communication to Boom Sports LLP, by making payment, you agree on behalf of yourself and the Child to be bound by these Conditions. These Conditions constitute the entire agreement between Boom Sports LLP and you/the Child and may not be varied except in writing by a director or senior leadership team member of Boom Sports LLP.
2.2 Bookings are accepted at the discretion of Boom Sports LLP and are not transferable.
2.3 You shall fully complete the booking form via the online booking system and at your own expense, supply Boom Sports LLP with all necessary information required by Boom Sports LLP in connection with the Services.
2.4 Boom Sports LLP may correct any typographical or other errors or omissions in any Boom Sports LLP material relating to the provision of the Services without incurring any liability to you.
3. Payment of Fees
3.1 You shall pay Boom Sports LLP the Fees and any additional sums which are agreed between you and Boom Sports LLP for the provision of the Services.
3.2 For ad hoc services, holiday camps, parties, wraparound care and co-curricular activity bookings, the full Fees must be sent to Boom Sports LLP at point of booking. No booking is valid until payment has been received by Boom Sports LLP, whether childcare vouchers, bank transfer or online. The Child will not be accepted to attend any of the Boom Sports LLP services should payment not be received in full.
3.3 For Boom Sports LLP extra-curricular school clubs the complete booking payment is due at the point of sign up at the start of term. Subsequent fees are due in advance of each term’s start.
3.4 On acceptance of your booking, Boom Sports LLP will issue a confirmation. It is important you check this carefully and alert Boom Sports LLP of any changes that need to be made. In the event of any changes to your booking being necessary, you may be charged.
3.5 Failure to make timely payments may result in the loss of your Child’s space.
4. Rules, Regulations and your Liability
4.1 You agree to be wholly liable for any and all actions and/or omissions of the Child. Without prejudice to the generality of the foregoing, you shall be liable for any liability, financial or otherwise, or injury or damage to property caused by the Child whilst at the Location, and shall fully indemnify Boom Sports LLP, their agents, customers, contractors and/or employees for any loss, damage, costs or expenses resulting from such liability, injury or damage.
4.2 Please observe the times when Services close, as well as the time booked for the Child. If you do not collect your Child on or before the expiry time of your booking, a charge of £10 every 10 minutes will be applied until the Child is collected.
4.3 Persistent late collections will result in Boom Sports LLP proceeding with its robust child protection and safeguarding policies and result in referrals being made to the relevant authorities.
4.4 Boom Sports LLP reserves the right to make rules and regulations relating to the Child’s participation in the Services (“the Rules”). The Rules form part of these Conditions and will be notified to the Child at the Location or earlier.
4.5 Any failure by the Child to adhere to the Rules may result in his/her participation at the Services being terminated forthwith without refund and in such event the Child may be sent home at your expense.
4.6 Without prejudice to paragraph 4.5 above, Boom Sports LLP reserves the right to withdraw the Child from any activity at any time on the grounds of safety or unsuitability.
4.7 Boom Sports LLP endeavours to be a nut free zone, but we are unable to guarantee it. We request parents and carers refrain from sending items which may contain nuts to our Services.
5.1 Holiday Camps
5.1.1 In the event of cancellation by you, a refund will only be payable if such cancellation is notified in writing to Boom Sports LLP to [email protected] This must be received at least fourteen (14) days before the commencement of the Camp. An administration charge of £10 per child will be deducted from the refund.
5.1.2 If, for any reason, the Camp is cancelled by Boom Sports LLP, Boom Sports LLP will move the Child to the next closest Camp Location. If this is not possible, the total liability of Boom Sports LLP will not exceed the value of the payment made for the period cancelled.
5.2 Extra-Curricular School Clubs and Wraparound Schemes
5.2.1 In the event of cancellation by you, a refund will only be payable if such cancellation is notified in writing to Boom Sports LLP in writing to [email protected] This must be received at least fourteen (14) days before the commencement of the club or wraparound scheme. An administration charge of £10 per child will be deducted from the refund.
5.2.2 There will be no refund, transfer or credit provided in the event of closure as a result of cancellation by the school e.g. strike days, snow days or adverse weather conditions.
5.2.3 Once the period has commenced, there is no option for refund or transfer of services to an alternative activity.
5.2.4 Boom Sports LLP reserves the right to postpone or cancel sessions to fit into the schools changing calendar of events. Boom Sports LLP will endeavour to reschedule any cancelled sessions.
6.1 Except in respect of death or personal injury caused by Boom Sports LLP’s negligence, Boom Sports LLP shall not be liable to you or the Child by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by or negligent or the negligence of our servants, or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by you or the Child, and our entire liability under or in connection with this Agreement shall not exceed the amount of our Fees for the provision of the Services.
6.2 Where Boom Sports LLP provides, in connection with the provision of the Services, any goods or equipment or services supplied by a third party, Boom Sports LLP does not give any warranty, guarantee or other terms as to their quality, fitness for purpose, performance or otherwise.
6.3 Boom Sports LLP shall have no liability to the Child for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from the Child’s late arrival or non-arrival, or any other fault of you or the Child.
6.4 Boom Sports LLP shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of Boom Sports LLP’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Boom Sports LLP’s reasonable control.
6.5 We advise you to take out travel insurance covering you against cancellation, curtailment, personal liability, personal accident and lost property.
6.6 Boom Sports LLP reserve the right to alter programmes, activities, itineraries, excursions, age brackets, premises and personnel as it thinks fit and without notice.
6.7 Boom Sports LLP will not be bound by any statement unless it is in writing and authorised by a Partner of Boom Sports LLP.
7. Medical and Behavioural
7.1 Any medical, educational, physical or other additional needs (including behavioural/emotional) of the Child known to you must be notified to Boom Sports LLP in writing via medical consent forms in our welcome pack or email, and in any event prior to the commencement of the Services at its Location. Boom Sports LLP reserve the right not to accept your Booking on the grounds that any such medical or behavioural problems are not conducive to the Child’s or other Children’s’ participation in the Services.
7.2 In the event that the Child becomes ill or incapacitated during the Services, you agree to medical treatment being given to the Child if required in accordance with the recommendations of a qualified medical practitioner, including the administration of a general anaesthetic and to surgical operations in case of emergency. Such action shall be taken at your expense.
7.3 If the Child becomes ill or comes into contact with any contagious or infectious disease during the 21 days prior to the commencement of the Services, you must immediately notify Boom Sports LLP in writing and provide a medical certificate from the Child’s doctor giving approval for the Child to participate in the Services.
7.4 It is your and the Child’s responsibility to help Boom Sports LLP prevent the spread of infectious diseases.
7.5 On request, you will provide a doctor’s letter stating a Child’s suitability to participate in Services.
7.6 It is your responsibility to ensure that Boom Sports LLP are informed prior to Services of any issue or condition that may affect their stay at Services. These include, but are not limited to SEND medical or allergy needs, physical challenges, behavioural, social or emotional needs, communication and languages, child/family history to include safeguarding and child protection this is to ensure that Boom Sports LLP can make an informed decision about their ability to meet the needs of the Child.
8. Jewellery, Valuables and Lost Property
8.1 Boom Sports LLP will not be liable for any item of jewellery or valuable property brought to the Location by the Child.
8.2 Children must not wear jewellery whilst taking part in physical activities. If a Child is instructed to remove jewellery at any time, Boom Sports LLP will not be responsible for its safekeeping.
8.3 Boom Sports LLP will not be responsible for any property left at the Location (by the Child or otherwise), and may dispose of any such property if not claimed and collected by you within seven days of the end of the Services.
8.4 Boom Sports LLP will not be responsible for any safekeeping of valuables.
9. Personal Searches
9.1 Boom Sports LLP reserves the right to search the bags and other personal property of all Children in appropriate circumstances.
10. Smoking and Alcohol
10.1 Possession and consumption of alcohol, tobacco or drugs by the Child at Services is NOT PERMITTED UNDER ANY CIRCUMSTANCES. Please note that if the Child does not adhere to this condition, he/she will be removed from Services in accordance with paragraph 4.5 of these Conditions.
11.1 You acknowledge that Boom Sports LLP may use for publicity purposes and without prior notification any photograph or video taken of the Child at the Location, and any statement (whether written or oral) made by you or the Child.
12. Child Protection/Safeguarding
12.1 Boom Sports LLP will contact Local Safeguarding Children’s board if we have concerns or in an event of a disclosure.
12.2 It is your responsibility to give Boom Sports LLP information (name, address and other contact details) of every person who is a parent and/or carer and/or has parental responsibility for the Child. It is also your responsibility to tell us who the Child normally lives with.
13. Force Majeure
13.1 Boom Sports LLP shall not be liable for any delay in performing or failure to perform any obligation (including to action any alteration or cancelation) due to any case beyond our reasonable control including lock-outs, strikes, shortages of personnel, labour disputes, war, riot, act of God, civil commotion, terrorism, malicious damage, threats to safety, compliance with any law or governmental order, rule, regulation or direction, accident, environmental contamination, pandemic outbreak of disease, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this agreement.
14.1 See the Boom Sports LLP Policies document for all the company policies including but not limited to Child Safeguarding and Health & Safety.
14.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.3 This agreement is governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.