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Acknowledgement and Assumption of Risks

I am completing this assumption of risk form in relation to my wishes to participate within a class, activity, course, seminar, grading, competition, training session or lesson provided by Primal Combat Academy and any of Primal's registered instructors, coaches or staff.

I confirm that I understand in full that any activity in which I participate will carry inherent risks associated with any practice or competition within combat arts, martial arts or self defense. Furthermore, I understand that the risk of serious injury is present and I have been briefed on the relevant safety rules and regulations in place to help protect me and my fellow students during training.

I confirm that I understand the nature of the activity in which I am about to participate, and appreciate that any practice of combat, self defense or martial art usually includes a degree of martial arts based fitness training. With this in mind, I can agree that I am fit to participate and agree to assume all risks associated with the above, hereby withdrawing any liability from the named club, instructors, association or other relevant parties.

Should I be unclear on any risks involved, or not feel comfortable releasing the above named from all positions of liability, I will not sign this document. Please take my signature as my acceptance and assumption of all risks involved, as described to me by my instructor and stated within this document.

TERMS AND CONDITIONS FOR Primal Combat Academy LLP

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

1. to provision of any Martial Arts Class (as defined in Clause 1 below) by Primal Combat Academy LLP of Unit A1 Hockleys Business Centre, Valley Road Clacton CO15 4AE

2. where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation

1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

2. Unless the context otherwise requires, each reference in these Terms and Conditions to:

1. “these Terms and Conditions” is a reference to these Terms and Conditions; and

2. a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

3. The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

4. Words signifying the singular number shall include the plural and vice versa; and

5. References to any gender shall include the other gender.
   

2. Registration

1. In order to attend any Martial Arts Class You first have to register with Us and You may do so by completing the Registration Form and agreeing in that Form to these Terms and Conditions.

2. The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the Martial Arts, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions.

3. You may book and attend a Martial Arts Class only once We have accepted Your Registration Form in writing or digitally. Acceptance of that application to register means that We agree that You may then (but not otherwise) book a Martial Arts Class. Our decision whether or not to accept Your application to register is in Our absolute discretion.

4. Upon Our acceptance of Your Registration Form and confirmation that We accept Your application to register there will be a contract between You and Us on these Terms and Conditions.

3. Booking and Cancellation of Martial Arts Classes, Expulsion, and Consumer Rights

1. You must be 18 or over and a “Consumer” to book and attend any Martial Arts Class.

2. A Martial Arts Class and Your place in that Martial Arts Class is subject to availability. No priority is given, and places in a Martial Arts Class are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Martial Arts Class unless You book and pay for the Martial Arts Class for that particular time and date.

3. Each Martial Arts Class requires 1 or more people to book it for it to take place.

4. You may book a Martial Arts Class on our website or our on-line booking system.

5. We will only provide a Martial Arts Class to You if You have pre-booked and paid for it except where, as follows, You are allowed to participate in it on a “trial class” or “wait list” basis and have paid for it. If it is already fully booked when you request a booking, We can add You to a wait list for it. We may then be able to offer You the opportunity to book, pay for and participate in the Martial Arts Class if a wait list space for it becomes available due to another person cancelling a booking or a drop in space becomes available due to another person not arriving. If We tell You of such an opportunity by phoning You after We have placed You on a wait list You will then need to book and pay for the Martial Arts Class and be at Our premises no later than 5 minutes before the Martial Arts Class start time.

6. When you book and pay for any Martial Arts Class You must book (or, as set out in sub-Clause 3.10 below, rebook to replace any booked Martial Arts Class cancelled) for a date which is no more than one month after the date when You make and pay for that booking or rebooking. A Martial Arts Class not booked (or rebooked) and taken within that period will be lost and, unless You cancel it and are entitled to a refund under these Terms and Conditions in that case, We will not refund any payment You have made for it.

7. Your request for a booking for a Martial Arts Class will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request to book a particular Martial Arts Class and You have paid for it, will there be a binding contract between You and Us for that Martial Arts Class.

8. When You book any Martial Arts membership, We will require You to pay Us in advance for it, and We will be entitled to keep some or all of that payment as set out in sub-Clause 3.11 below if You later cancel the Martial Arts membership without giving Us prior notice of at least one month.

9. We may treat a Martial Arts Class that You have booked as cancelled by You without notice to Us if You arrive after the start of the Martial Arts Class or the start of any warm up for that Martial Arts Class or You do not attend any of the Martial Arts Class. We may then (but We are not obliged to) give Your place in the Martial Arts Class that You cancelled to any “wait-list” or “trial class” customer. We may decide to make a charge to You for that cancelled Martial Arts Class, and sub-Clause 3.11 below will apply.

10. You may cancel a Martial Arts membership without charge if You give Us at least one month prior notice of the cancellation, and if You do so We will refund to You any sum You paid in advance unless when You cancel You ask to rebook for a later, substitute, Martial Arts Class instead and We accept that substitute booking.

11. If You do not give Us at least one month prior notice of cancellation of a Martial Arts membership, We will be entitled to charge You for any net financial loss up to the full price of that Martial Arts membership that We suffer due to Your cancellation. We will be entitled to deduct that charge from any sum You paid in advance for that Martial Arts Class.

12. If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Martial Arts membership without giving Us at least one month prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.9 or 3.11.

13. We may cancel a Martial Arts Class booked by You at any time before the time and date of that Martial Arts Class in the following circumstances:

1. The required minimum number of people for the Martial Arts Class have not booked for that Martial Arts Class; or

2. The required instructor necessary for the Martial Arts Class is not available; or

3. An event described in sub-Clause 9 below occurs

4. We find that you are not a “Consumer” (as defined in Clause 1 above).

14. We will use all reasonable endeavours to start the Martial Arts Class that You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Martial Arts Class or by other circumstances.

15. Martial Arts Classes and prices and instructors are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.

16. We reserve the right to expel You from any Martial Arts Class if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that Martial Arts Class or who are in any other Martial Arts Class being held then or to be held subsequently. You will not be entitled to any refund for a Martial Arts Class started but not completed due to such expulsion.

17. Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.17, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel a booked Martial Arts Class up to 2 hours before the class is due to start. If You request your membership, be cancelled, you must confirm this by email or in writing and give 30 days’ notice. If you cancel as allowed by sub-clause 3.17 and you have already made any payment(s) after the 30 days’ notice, we will refund the payment(s) to you within 14 days.

4. Fees and Payment

6. You must pay in accordance with Our Price List for all Martial Arts Classes that We fully and correctly provide to You.

7. You may pay Us for Martial Arts Classes using any of the following methods:

3. Card payment via our booking system

4. Cash for certain classes (speak to reception)

8. We may alter Our prices without prior notice, but if the price of any Martial Arts Class increases between the time when You book it and the date of the Martial Arts Class, the price increase will not apply to You for the Martial Arts Class on that date.

9. All prices of Martial Arts Classes shown in the Price List are inclusive of VAT.

5. Eligibility to take a Martial Arts Class

10. We only make any Martial Arts Class available to a “Consumer” (as defined in Clause 1 above), and Your completion of a Registration Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Martial Arts Class. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Martial Arts Classes.

11. We will not accept Your application to register or make any Martial Arts Class available to You unless You are aged 18 or over. We may require evidence of Your age for that purpose or permission by a legal guardian.

6. Martial Arts, Health and Safety

1. You acknowledge that certain Martial Arts Classes may be physically strenuous and You agree that You voluntarily participate in such Martial Arts Classes with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Martial Arts Class.

2. Certain Martial Arts Classes may be unsuitable for You if You have special needs, or any medical, health or Martial Arts problem or condition.

3. You must ensure that you are fit and well enough to participate in any Martial Arts Class that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

4. If You have any concerns about Your Martial Arts or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Martial Arts Class. We cannot and do not provide any such advice.

5. You agree that when You register and when You book and attend any Martial Arts Class, that will be Your confirmation that You have no health or Martial Arts problems which may affect your participation in any Martial Arts Class.

6. When You request a booking for a Martial Arts Class and before You attend any Martial Arts Class, if You tell Us at that time about any medical, health or Martial Arts issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.

7. If You do not tell Us before a Martial Arts Class of anything referred to in sub-Clause 6.5 or 6.6 that We then discover, We will be entitled not to provide some or all of a Martial Arts Class booked and to treat the Martial Arts Class (or the affected part of it) as cancelled by You without notice, in which case We may make a charge to You for the cancelled Martial Arts Class (or part of it) as set out in sub-Clause 3.11 above.

8. You must not attend any Martial Arts Class when under the influence of alcohol or illegal drugs or immediately following a heavy meal.

9. You should arrive at least 5 minutes prior to the start time of a Martial Arts Class and before any warm up involved in that Martial Arts Class, to allow for a prompt start. If You know You are going to be late for a Martial Arts Class, You should contact Us to tell Us as soon as You can before the Martial Arts Class start time. If You arrive later than a Martial Arts Class start time and You arrive after any warm-up for that Martial Arts Class has begun, We may not permit You to participate in the Martial Arts Class for health and safety reasons.

10. Fire exits are clearly marked and are in the interests of safety. You must not obstruct these exits for any reason. In the event of a fire, You should make your way to the nearest available exit with all possible speed and assemble at a safe distance from Our premises so that We may take a roll-call of all those at Our premises when the fire alarm sounded. The assembly point is outside the lodge.

7. Rules

1. We do not permit You to:

1. smoke anywhere on Our premises or the premises of which Our premises are a part;

2. Mobile phones should be switched to silent mode during a Martial Arts Class;

3. bring to Our premises or the premises of which Our premises are a part any child/ren as We do not have anyone to supervise them unless they are attending a class.

4. bring any animals into Our premises or the premises of which Our premises are a part with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You register;

5. bring any crockery, glass, drink (except water) or food into any part of Our premises. Only water, either in a plastic bottle or paper cup, is permitted in Our premises.

2. If a Martial Arts Class requires specific type of clothing, footwear or other items, details of the Martial Arts Class will specify those requirements and You must provide them for Yourself. Clothing and footwear not worn for the Martial Arts Class should be stored in the location that We tell You about on arrival. Loosely swinging or sharp jewelry should be removed before a Martial Arts Class, pockets, zips or buttons are not permitted. If You do not comply with any of these dress requirements, We may not allow You to participate in the Martial Arts Class.
   

8. Gift Vouchers

1. If interested in Gift Vouchers, speak to reception.

9. Events beyond our reasonable control

1. We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.

2. If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Martial Arts Classes as necessary.
   

10. Limitation of Liability

1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.

2. We provide or sell all Martial Arts Classes to You only for Your personal and private use/purposes. We make no warranty or representation that any clothing or other goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

3. Each of Our instructors is appropriately qualified to conduct the particular Martial Arts Class which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical, health, or Martial Arts professional or therapist.

4. If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest or visitor to Our premises even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our premises.

5. Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

6. Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

1. the Consumer Rights Act 2015;

2. the Regulations;

3. the Consumer Protection Act 1987; or

4. any other consumer protection legislation

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

11. Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

12. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Data Protection and Privacy Policy available on request.

13. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

14. Information

As required by the Regulations:

1. all the information described in Clause 13; and

2. any other information which We give to You about any Martial Arts Classes or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Martial Arts Classes

will be part of the terms of Our contract with You as a Consumer.

15. Complaints

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Martial Arts Classes or any other complaint about Us or any of Our staff, please raise the matter with Amanda Hall who can be contacted at Our premises or admin@primalcombatacademy.co.uk or by writing.

16. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

17. Severance

If any provision of these Terms and 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 Terms and Conditions and the remainder of the provision in question shall not be affected.

18. Law and Jurisdiction

1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Photography and Videography Consent

From time to time we like to share photos of our students with the rest of the club. This may be via Facebook, Instagram or other media platforms. We may also like to use photos from classes to help advertise our classes to others - for example, via our website.

1. You may cancel a Martial Arts membership without charge if You give Us at least one month prior notice of the cancellation.

2. If You do not give Us at least one month prior notice of cancellation of a Martial Arts membership, We will be entitled to charge You for any net financial loss up to the full price of that Martial Arts membership that We suffer due to Your cancellation. We will be entitled to deduct that charge from any sum You paid in advance for that Martial Arts Class.

3. If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Martial Arts membership without giving Us at least one month prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.9 or 3.11 in out terms and conditions.