Terms and Conditions for Wildman Environmental Learning
Provision of Workshops
THIS AGREEMENT IS MADE BETWEEN:
Stuart Mabbutt Gardening Ltd, 38 Craufurd Road, Cowley, Oxford. OX4 2RA, a company registered in England with No. 07422702, trading as Wildman Environmental Learning. (“WEL”).
AND ‘YOU’ YOUR COMPANY
In this Agreement Parties means WEL and you ‘company.
By booking a place on a workshop you accept these terms and conditions and agree to be bound by them.
1.1 Any terms or conditions sought to be imposed by either party shall not be incorporated into this Agreement and shall have no effect unless agreed to in writing by the other party.
1.2 These terms and conditions apply to every individual taking part in an activity organised and run by WEL. If you are booking on behalf of others you are deemed to accept these terms and conditions on their behalf and so it is in your own interest to ensure that they are fully aware of them. WEL will not be held liable if you fail to do this.
2. Fees and booking
2.1 The price for the activities, and other relevant details are set out in Schedule 1 of booking form.
2.2 10% of the Fee plus overheads specific to your workshop is payable by BACS with this booking form, to secure places on the activity.
2.3 The balance of the Fee is payable 4 weeks prior to the date of the activity. If the balance is not paid at least 4 weeks prior to the date of the activity the booking will be deemed to be cancelled and the deposit will be forfeited.
2.4 Bookings made within 4 weeks of the date of the activity must be paid for in full.
3. Cancellation by WEL
WEL reserves the right to cancel the Agreement and booking between the parties if:
3.1 WEL is unable to conduct the activity due to circumstances beyond its control.
3.2 in the event of a cancellation pursuant to 3.1 you will have the right to re-schedule the activity at a date and time which is mutually convenient to the parties.
3.3 you are in breach of any of these terms and conditions, in which case any refund will be at the sole discretion of WEL.
4. Cancellation by you
4.1 All cancellations by you must comply with “7” below.
4.2 All deposits are non-refundable.
4.3 WEL is unable to refund the balance of the workshop fees due to illness or injury or other emergency, unforeseen event or change in personal circumstances at short notice.
4.4 If the you wish to cancel a workshop prior to its commencement you must inform WEL and must comply with “7” below. If this notification is given prior to the course start date a refund may be considered. Should a cancelation be requested an administration fee will be charged and the charge will be dependent on the length of the workshop.
4.5 If a participant needs to cancel beforehand and is part of a company or a group booking, the place is open to another participant from within the group/company being represented. As long as documentation is received 14 days prior to the workshop, after which the place is not transferable. Finding this replacement is not the responsibility of WEL.
4.6 If you are participating in the workshop as an individual and not as part of an organized group, your place is not transferable to another individual.
4.6 Once the workshop has started the none fee is non-refundable.
4.7 Accordingly it is in your interest to make sure appropriate cancellation insurance cover is in place.
If any part of these terms and conditions is unenforceable (including any provision in which WEL excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
6. Liability and risk
6.1. Except for death or personal injury caused by WEL’s negligent acts or omissions it shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of these terms and conditions.
6.2. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by WEL as a result of your breach or default in the discharge of your obligations.
6.3. The activities could potentially cause personal injury or death. By booking an activity/course you are aware of and accept these risks and will be responsible for your own actions and involvement and those of your group. A suitably qualified WEL member of staff will lead the activities and maintain a high level of safety. They also have the authority to remove anyone they deem irresponsible to carry on with the activity. This may lead to the whole group being unable to carry on with the activity as well. To enable WEL to manage these risks you agree to acknowledge the need for responsible behaviour. You confirm that you are familiar with the nature of the activities that you wish to undertake and acknowledge their inherent risks and that you may freely withdraw from any activity.
6.4. This consent form (and “Team register”) must be completed by each individual participant, signed and returned to WEL fourteen days prior to the activity. If this consent form (and “Team register”) are not received by this date WEL may exclude any person who has not signed their form, and in such circumstances no refund of fees will be payable.
For the sole purpose of these terms and conditions a notice may be served by one party or the other by either Royal Mail recorded delivery or by electronic mail. If by recorded delivery the notice shall be deemed to have been received 48 hours after it is sent. If by electronic mail the notice shall be deemed to have been received 24 hours after it is sent. Any other method of serving a notice shall be invalid.
8. Jurisdiction and Dispute Resolution
Any dispute arising out of these terms and conditions shall be subject to the jurisdiction of the Law of England and Wales. In the first instance the parties to these terms and conditions shall try to resolve any dispute between themselves, by mutual agreement. If they cannot they agree to submit to formal arbitration, or a mutually agreeable Alternative Dispute Resolution process conducted by an accredited provider.
9. Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
10. Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
11. Customer Services
10.1. To protect your own interests please read the conditions carefully before signing them. If you are uncertain as to your rights under them or you want any explanation about them please write, email or telephone WEL as soon as is reasonably practicable.
10.2. If you are unhappy with any aspect of WEL’s service, please contact WEL immediately. Any complaints will be dealt with sympathetically and WEL will work with you to reach a satisfactory conclusion.
12. Data Protection
You consent to the computer storage and processing of your personal data by WEL in connection with these terms and conditions and to the transmission of this data across the company and its business partners for the purposes of its legitimate interests including statistical analysis, marketing of services and credit control. If you breach these terms and conditions, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
WEL reserves the right to take photographs and/or videos of the activity for its own marketing and promotional purposes.
14. Material, Equipment, Building, Room Hire etc.
Any meeting rooms or equipment etc. needed to be hired or purchased etc. to aid the facilitation of the workshop, WEL will invoice separately for these. Like the deposit, these overheads are not refundable.
15. Refreshments and Suitable Clothing and Protection
Each participant is responsible for and will supply their own refreshments, clothing to suit the conditions and protection like sunscreen in hot weather.
16. Health Issues
You must disclose any physical or mental disabilities/illnesses from which participants are currently suffering. You must also tell WEL if participants are taking any medication which may affect awareness or balance. WEL will always try to accommodate those with physical or mental disabilities/illnesses, but in the interest of all delegates' personal safety require full disclosure of matters affecting your physical and mental well-being. Such information will be treated in the strictest confidence, and may lead to an adjustment of the tasks and activities forming the sensory experience.