Terms and Conditions of Services
TERMS AND CONDITIONS OF SERVICES
1. Introduction
1.1 Cartmell Tennis is a tennis academy based in Lancashire and Cumbria, operated by Michael Cartmell and Annabelle Bainbridge.
1.2 Cartmell Tennis is committed to the safety of all persons who undertake services and to deliver the highest standard of service.
1.3 Participating in services provided by Cartmell Tennis is entirely at the Player / the Parent’s own risk, save for those situations outlined in these Terms.
1.4 By making a booking with Cartmell Tennis, whether via ClubSpark, ClassForKids or directly to Cartmell Tennis, all Players and Parents agree to be bound by these Terms and Conditions.
1.5 Cartmell Tennis may, from time to time, review and update these Terms and Conditions, and reserves the right to amend or introduce any additional rules necessary to ensure the safe and efficient operation of services.
2. Interpretation
The following definitions and rules of interpretation apply in these Terms and Conditions.
2.1 Definitions:
Booking Confirmation: Any confirmation of booking received either from ClassForKids, ClubSpark or in writing (text, WhatsApp, email etc) from a representative of Cartmell Tennis.
Cartmell Tennis: Any coach, agent or representative of Cartmell Tennis including but not limited to Michael Cartmell, Annabelle Bainbridge and Harry Dingle.
Holiday Camp: the camps operated by Cartmell Tennis during Easter and other School Holidays.
Parent: In the event the Player is under the age of 18, the Parent / Guardian / Carer of the Player.
Player: the person who attends the Services with Cartmell Tennis.
Services: the services offered by Cartmell Tennis as set out in Schedule 1.
Terms and Conditions: these terms and conditions as amended from time to time in accordance with clause 1.5.
Tennis Clubs: the Clubs that Cartmell Tennis operates from time to time, including but not limited to Garstang & District Tennis Club, Goosnargh Tennis Club, Highfield Tennis Courts, Lancaster Cricket & Sports Club, Sedbergh Tennis Club, St Michael’s on Wyre, Walmer Tennis Club, Barton Tennis Club, Norcross Tennis Club and Woodplumpton Lawn Tennis Club.
3. Booking Services
3.1 Bookings must be made either via ClassForKids, ClubSpark or, at Cartmell Tennis’ discretion, via an agent or representative of Cartmell Tennis before the Services begin.
3.2 In the event that bookings via ClassForKids or ClubSpark cannot be completed, it is at the sole discretion of Cartmell Tennis whether or not to accept a booking for the Services via bank transfer, cash or other means.
3.3 Any payment for the Services in cash or bank transfer shall be marked for the attention of Michael Cartmell of Cartmell Tennis.
3.4 Payment for the supply of the Services will be made at the time of booking and payment is regarded as acceptance of these Terms and Conditions.
3.5 At the time of booking via ClassForKids and/or ClubSpark, the Parent / Player will receive a booking confirmation listing the Services(s) which have been booked (save for in the event booking is made in accordance with clause 3.2 above).
3.6 Services can only be booked in the name of the Player and are non-transferrable.
3.7 While Cartmell Tennis supports the LTA’s Equality, Diversity and Inclusion Policy and has a commitment to including any such individuals within the programme wherever possible, Cartmell Tennis reserves the right to refuse to provide services if Cartmell Tennis deems that the Player is not of the correct age, ability or medical fitness.
4. Cartmell Tennis Pre-Session Questionnaire
4.1 All Players must either themselves or have a Parent complete and submit the Cartmell Tennis Pre-Session Questionnaire (“the Pre-Session Questionnaire) before they are able to attend the Services.
4.2 Once completed via Google Forms, the Pre-Session Questionnaire should be submitted to Cartmell Tennis. No Player will be allowed to participate in the Services without completing the Pre-Session Questionnaire.
4.3 Cartmell Tennis is allowed to rely upon the information contained within the Pre-Session Questionnaire and it is the obligation of the Player and the Parent to update Cartmell Tennis on any changes to that information as soon as possible.
4.4 Cartmell Tennis cannot be held responsible for any issues which arise which were not informed to Cartmell Tennis prior to the services commencing or which were not included on the Pre-Session Questionnaire.
5. Charges and Payment
5.1 The charges for the Services are calculated in accordance with the Price List at Schedule 2. Cartmell Tennis is entitled to vary and amend the Price List from time to time.
5.2 Services booked via ClassForKids and ClubSpark will be paid by the Player at the time of booking. Cartmell Tennis may raise a receipt to confirm payment of the Services.
5.3 For Services not booked via ClassForKids or ClubSpark, Cartmell Tennis will raise an invoice for the Services and send it to the Player and/or Parent at the email address and/or telephone number given in the Pre-Session Questionnaire or otherwise provided to the representative of Cartmell Tennis by other means.
5.4 The Player shall pay the invoice submitted by Cartmell Tennis:
5.4.1 Within 14 days of the date of the invoice; and
5.4.2 in full and cleared funds to bank details identified on the invoice or otherwise as indicated by Michael Cartmell of Cartmell Tennis to the Player and/or Parent in writing (including email, text message or WhatsApp message).
5.5 Time for payment of any invoices raised shall be of the essence.
5.6 All amounts invoiced are exclusive of VAT as Cartmell Tennis is not VAT registered.
5.7 If the Player and/or the Parent fails to make a payment due to Cartmell Tennis in accordance with clause 5.4, then the Player and/or Parent shall pay interest on the overdue sum from the due date until payment of the overdue sum. Interest under this clause shall accrue at a daily rate of 8% per annum above the Bank of England’s base rate from time to time.
5.8 All amounts due to Cartmell Tennis shall be paid in full without any set-off, counterclaim, deduction or withholding.
6. Attending the Services
6.1 Cartmell Tennis reserves the right to limit the number of attendees of the Services to ensure the quality of the Services and the safety of all Players.
6.2 In agreeing to attend the Services, the Player agrees to:
6.2.1 Complete and return the Cartmell Tennis Pre-Session Questionnaire as set out at clause 4 above;
6.2.2 Arrive in good time for the Services (ideally at least 5 minutes before the Services are due to start);
6.2.3 Wear appropriate attire on the court, including by wearing a shirt, trousers and/or shorts and shoes at all times;
6.2.4 Be respectful and polite to the representative of Cartmell Tennis and other Players;
6.2.5 Not engage in swearing, aggressive or violent behaviour before, during or after the Services;
6.2.6 Not engage in smoking or vaping before, during or after performance of the Services.
6.2.7 Not to use chewing gum before, during or after the Services;
6.2.8 Ensure not to cause damage to any facilities operated by Cartmell Tennis, the Tennis Clubs or otherwise;
6.2.9 Vacate the tennis court immediately upon the conclusion of the Services;
6.2.10 Take all rubbish with them and leave the courts clean and tidy ready for the next Player to use and enjoy.
6.3 Any Player who is deemed not to comply with clause 6.2 by any representative of Cartmell Tennis may be asked to leave the Services and in the event that the Player is under the age of 18, Cartmell Tennis reserves the right to contact the Parent to collect the Player. In these circumstances, no refund will be given to that Player.
6.4 In attending the Services, Cartmell Tennis agrees to:
6.4.1 Arrive in good time for the beginning of the Services;
6.4.2 Conduct an appropriate risk assessment prior to the beginning of the Services;
6.4.3 Supply the recommended number of coaches per Player as suggested by the LTA;
6.4.4 Supply an Accredited Tennis Coach who is fully DBS checked and First Aid Qualified;
6.4.5 Be polite, courteous and patient with the Players, answering any questions they may have;
6.4.6 Engage in a positive learning environment ensuring Players are appropriately challenged and supported;
6.4.7 Treat each Player with dignity, equality and respect and get to know the Player;
6.4.8 Be friendly and approachable when speaking with Players and Parents.
6.5 Players who bring any medical equipment to the Services must indicate to the coach at the outset of the Services the location of the medical equipment so it can be located quickly and easily in the event of an emergency.
6.6 Cartmell Tennis reserves the right to refuse entry to the Services if any Player is found not to be of the appropriate age for the group, medical fitness / ability or their attendance risks the safety of the other Players.
7. Holiday Camps
7.1 Bookings for Holiday Camp must be made by Parents via ClassForKids.
7.2 In the event that bookings via ClassForKids cannot be completed, it is at the sole discretion of Michael Cartmell whether or not to accept a booking for Holiday Camp via bank transfer or other means.
7.3 Payment for the Holiday Camp will be made at the time of booking and payment is regarded as acceptance of these Terms and Conditions. Any Player who has not paid for Holiday Camp before its commencement will be refused entry.
7.4 Holiday Camps can only be booked in the name of the Player and bookings are non-transferrable.
7.5 Parents must ensure they include their name and emergency contact telephone number when booking the Holiday Camp on ClassForKids or provide the same to the representative of Cartmell Tennis when signing the Player in to Holiday Camp.
7.6 Cartmell Tennis cannot be held responsible for any issues which arise which were not informed to Cartmell Tennis by the Player and/or Parent prior to the Holiday Camp commencing.
7.7 Holiday Camps run from 9am to 3pm and can be booked either as a full day (9am to 3pm) or a half day (9am to 12pm).
7.8 Cartmell Tennis reserves the right to offer early drop off (8.30am - 9am) or late pick up (3pm – 3.30pm), however this is at the sole discretion of Michael Cartmell and an additional fee will be payable by the Parent.
7.9 Any discount codes applicable to Holiday Camp must be used and booked before the end of the discount period. Insofar as a Parent seeks to use any discount code after the offer has lapsed, they will be charged at the full rate.
7.10 Cartmell Tennis reserves the right to limit the number of attendees of Holiday Camps to ensure the quality of the Holiday Camps and the safety of all Players.
7.11 Holiday Camps are for ages 4 – 14 and no Players who are outside of those age limits will be accepted to a Holiday Camp.
8. Cancellation Policy
8.1 A Player may cancel the Services booking 24 hours in advance of the designated start time and receive a full refund. Any cancellations received with less than 24 hours notice will not receive a refund.
8.2 A Player can cancel the Services by contacting Michael Cartmell by telephone call, text message or WhatsApp message to 07523866116 or by email to cartmelltennis@gmail.com.
8.3 Cartmell Tennis cannot accept a request for cancellation in retrospect of the Services being performed, except in exceptional circumstances.
8.4 Cartmell Tennis reserves the right to cancel the Services in the event of the following:
8.4.1 There are insufficient numbers of Players scheduled to attend the Services;
8.4.2 There are an insufficient number of coaches to appropriately supervise and attend the Services;
8.4.3 The weather conditions are deemed extreme and it would be unsafe for Players to attend Services;
8.4.4 Any other reason which in the reasonable opinion of Cartmell Tennis would risk the safety and/or quality of the Services.
8.5 Cartmell Tennis will inform the Players and/or Parents of cancelled Services at the earliest opportunity. Contact will be made to the telephone numbers supplied at the time of booking either on the Pre-Session Questionnaire or on the ClubSpark and/or ClassForKids website.
8.6 In the event the Services is cancelled pursuant to clause 7.4 above, a full refund will be issued to the Player.
9. Weather Policy
9.1 Cartmell Tennis’ policy is that the Services will go ahead in the event of bad weather, save for in the unlikely event there such weather would be risk the safety of the Players.
9.2 Players are expected to bring protection from rain showers and dress appropriately for the weather.
9.3 Cartmell Tennis cannot be held responsible for the difficulties in trying to predict the weather, however will use all reasonable endeavours to ensure the Services are performed and will only cancel the Services in the event that such cancellation is considered absolutely necessary for the safety of all Players.
10. Limitation of Liability
10.1 Cartmell Tennis has obtained insurance cover in respect of its own legal liability for individual claims. The limits and exclusions in this clause reflect the insurance cover Cartmell Tennis has been able to arrange and the Player is responsible for making its own arrangements for the insurance of any excess loss.
10.2 References to liability in this clause 8 include every kind of liability arising under or in connection with performance of the Services including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.3 Nothing in this clause 9 shall limit the Player / the Parent’s obligations under these terms.
10.4 Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including but not limited to liability for:
10.4.1 death or personal injury caused by negligence;
10.4.2 fraud or fraudulent misrepresentation; and
10.4.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.5 Any claims brought against Cartmell Tennis, whether for breach of these terms or otherwise, must be brought within 1 year from the date of the cause of action. Insofar as any claim is brought outside of the 1 year limitation period, Cartmell Tennis reserves the right to defend such claim on the basis of the claim being time barred.
10.6 Cartmell Tennis accepts no responsibility for loss, theft or damage to any personal items while attending the Services.
11. Force Majeure
11.1 Cartmell Tennis shall not be considered in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, the Services if such delay or failure result from events, circumstances or causes beyond its reasonable control.
12. Entire agreement
12.1 These Terms and Conditions together with the Booking Confirmation and Pre-Session Questionnaire constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
12.2 Each party acknowledges that in entering into these Terms and Conditions it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
13. Governing law
13.1 These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
14. Jurisdiction
14.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.
SCHEDULE 1 – Services offered by Cartmell Tennis
1. Individual tennis lessons
2. Group tennis lessons
3. Tennis tournaments
4. Multi-sport lessons
5. Holiday Camps
6. Birthday parties
7. Racket re-stringing
8. Para-standing tennis camps
9. Personal training
10. Ball machine hire
11. Online coaching including video analysis of tennis
12. Speedometer hire
13. Before, during and after school clubs
SCHEDULE 2 – Price List
Individual Tennis Lessons:
£30 for 60 minutes
£25 for 45 minutes
Group tennis lessons
£55 for 6 weeks of 60 minute lessons
£45 for 6 weeks of 45 minute lessons
Tennis tournaments (Adults & Children)
£120 per day
Multi-sport lessons (Football, Netball, Basketball etc)
£35 for 60 minutes
£30 for 45 minutes
Holiday Camp
Price per half day (9am – 12pm) - £10
Price per full day (9am – 3pm) - £20
Birthday parties
£4 per child (minimum 10 children) - 60 minutes
£7 per child (minimum 10 children) - 120 minutes
Racket re-stringing
From £18
Para-standing tennis camp
£15 per participant for 3 hours
£30 per participant for 6 hours
Personal Training
£20 - for 45 minutes
£25 - for 60 minutes
Ball machine hire
£20 - for 1 hour
£40 - for 2 hours
Online coaching including video analysis of tennis
£15 for 45 minutes
Speedometer hire
£10 per hour
Before, during & after school clubs
£35 - 60 minutes
£70 - 120 minutes