Your contract is with The Lifesigns Group (hereinafter referred to as LS) (a trading name of Adventure Lifesigns Limited a company registered in England and Wales, Company number 4091767, whose registered office is at The Kiln, Grange Road, Tongham, Surrey. GU10 1DJ, our successors and assigns).
The Client means the person(s), Company or Organisation contracting for the services of LS.
Course Participant means the individual or individuals attending the course.
This Contract will come into existence as soon as we issue our Confirmation Invoice and shall continue until the course has ended but such expiry shall not affect accrued rights and liabilities of the parties and shall not affect any continuing obligations of the parties under this Contract.
1. FEES. Quotations are valid for 30 days from date of the quotation. All fees are subject to the addition of V.A.T. at the prevailing U.K. rate, which will be shown on the LS invoice. Where the fee is not paid at the time of order, the fee must be paid by the date set out on the invoice that accompanies these terms and conditions.
Where the Client falls outside the definition of "small business" under the Late Payment of Commercial Debts (Interest) Act ("the Act"), LS shall be entitled to charge the Client interest on the amount unpaid at the statutory rate provided by the Act and in other cases charge the Client interest (before as well as after judgment) on the amount unpaid at the rate of 4% over the base rate of HSBC Bank PLC from time to time and shall accrue on a daily basis.
Time of payment shall be of the essence of the contract and the failure of the Client to pay any part of any invoice in due time shall entitle LS to cancel the Course and to recover damages for breach of contract by the Client. Such damages shall include, without limitation, any bank charges or other costs or expenses incurred directly or indirectly in connection with the Client's failure to pay on the due date as well as any consequential costs incurred by LS including but not limited to flights, other transport arrangements, accommodation and equipment costs. LS shall have authority to re-allocate the Course without prejudice to any of its other remedies.
The Client waives all and any future claims and rights of set off against any payment due by the Client under these Conditions and agrees to pay any amounts due regardless of any equity, set off or cross-claim on the part of the Client against LS.
All fees are quoted ‘per Course Participant’ (unless stated elsewhere) and all courses have a maximum number of Course Participants as detailed on the LS promotional literature. In certain circumstances, further Course Participants may be allowed to attend the course but LS reserves the right to charge the ‘per Course Participant’ fee for additional course Participants who attend.
All course fees include the cost of administration, documentation, use of equipment, aide-memoires, all course notes, use of training materials during the duration of the course and issue of course certification. Course fees at a LS venue will include on site car parking and light refreshments, however LS are not responsible for the following and are excluded in every case:
2. COURSE STANDARDS. Courses will be delivered to United Kingdom standards unless agreed otherwise in writing on the contract invoice. It is the responsibility of the Client to ensure that the course is suitable for their purposes and the purposes of the Course Participants, for the jurisdiction in which the skills and knowledge learned on the course will be utilised.
3. CANCELLATION. LS reserves the right to cancel or postpone any course for any reason without any liability to the client including any consequential losses. If cancellation by LS becomes necessary, as much notice as possible will be given and the client will be offered a choice of:
A full refund, if the course has not yet commenced;
A proportionate refund, if the course has commenced and is not yet completed;
An alternative date to commence or complete the course as appropriate to the circumstances.
If the Client requests cancellation or postponement of any course, no fees will be payable PROVIDED that LS is given 21 days advance notice in writing and that LS has not incurred any costs (for example, but not limited to any transport, flights, visas, subcontractor costs) associated with the contract, in which case the client will be responsible for payment of those costs and agrees to indemnify LS against any such costs.
If less than 21 days written notice is given, any refund will be calculated on the following basis:
14 to 20 days written notice prior to course commencement = the client will be responsible for any costs incurred and LS will refund 75% of the balance of the course fee left after this deduction.
7 to 13 days written notice prior to course commencement = the client will be responsible for any costs incurred and LS will refund 50% of the balance of the course fee left after this deduction.
2 to 6 days written notice prior to course commencement = the client will be responsible for any costs incurred and LS will refund 25% of the balance of the course fee left after this deduction.
Less than 2 days written notice prior to course commencement = No refund will be given.
In exceptional circumstances and at the discretion of a LS director, a course or places on a course may be postponed rather than cancelled (i.e. adverse weather). In cases where a course or a place on a course is immediately rearranged to an alternative date and therefore only postponed, cancellation fees will not be payable. Further cancellation or postponement of an already rearranged course or place on a course would be subject to a mandatory 100% cancellation fee irrespective of the amount of prior written notice which is given.
4. FAILURE TO ATTEND. Notwithstanding the provision of clause 2 above, if any course participant fails to attend any course or any part of any course on which a place has been reserved, fees in respect of that Course Participant will be payable in full. However:
If the course on which a place has been reserved for a Course Participant has not yet commenced, a substitute Course Participant may be nominated for that course. If the course on which a place has been reserved for a Course Participant has commenced but for exceptional reasons the Course Participant has not been able to complete the course, an alternative date will be offered to enable the Course Participant to complete the remaining part of the course. Exceptional reasons include illness supported by a doctor’s report or self-certification or compassionate grounds. At the discretion of a LS director, if an insufficient number of Course Participants attend any one day, the course or part of the course may be postponed or cancelled in accordance with clause 3 above. Attendance at all parts of a course are mandatory for certification to be issued.
5. SUITABILITY. For certain courses, Course Participants must not suffer from any medical or other condition which would restrict their ability to undertake practical work which can be an essential part of the training. If, despite reasonable adjustments, a Course Participant is considered unsuitable on Health and Safety grounds, in the opinion of a LS director, with due consultation the Course Participant may be asked to leave the course. In this event, LS reserves the right to retain the fee or a proportion of the fee for that Course Participant. In all cases, Course Participants must comply with the course pre-entry qualification requirements, as exceptions will not be made. Course Participants should wear practical clothing during the course and be willing to participate in physical activity which may include but will not be limited to carrying stretching, bending down, crouching and physical contact between themselves and other Course Participants or instructors.
6. PROPERTY OF LS. Any equipment, goods or training materials supplied by LS remain the property of LS, apart from free issue course notes and other such material, which will be clearly identified. All such material is copyright and no copying or publishing of any part of it is permitted without the written permission of LS. LS Intellectual property will remain the sole property of LS and will not pass to the client or Course Participant.
7. INSURANCE. LS carries public liability insurance to a limit of £5,000,000.00 for any one incident. All property provided by and used by LS on courses is insured against accidental (but not deliberate) damage. The Client is required to insure any equipment provided for In-house training against accidental or deliberate damage.
8. HEALTH AND SAFETY. The Client is required to ensure compliance with any Legislation, Regulation, Code of Practice or Guidance laid down by the Health and Safety Executive or local alternative with regard to the safety and suitability of premises, transport and facilities provided for courses at a Client provided venue. LS will request details of the course venue (e.g. 1.34 square metres per person regarding training room size) before the course commences.
LS has produced full risk assessments pertaining to training courses, which they undertake, and all instructors undertake a dynamic risk assessment of at all venues. Where appropriate, Course Participants will be advised of any possible hazards which may be present during the course of training and procedures they should adopt to eliminate or minimise the risks pertaining to the hazards.
9. ALTERATION. LS reserves the right to amend these terms and conditions without prior notification. English Law shall govern these Terms and Conditions of Trading. Any alterations, modifications or extensions affecting the above clauses shall not be valid unless agreed by LS and acknowledged in writing.
10. REFUSAL OF ADMISSION/CONDUCT/ALCOHOL/DRUGS. The Client shall use its best endeavors to ensure that all Course Participants read and study, in advance, any information made available to the Client or Course Participants by LS regarding preparations for the Course to be provided. The Client shall use its best endeavors to make Course Participants aware that they are expected to follow the instructions given in such advance information.
If LS in its absolute discretion considers the conduct or clothing of any Course Participant seeking admission to or participation in the whole or part of the Course is likely to cause risk to the welfare, safety or conduct of that Course Participant or any other Course Participant, then LS shall have the right in its absolute discretion to refuse such admission or participation by such Course Participant without having to give detailed reasons.
If a Course Participant's conduct whilst participating in the whole or part of the Course is such that in its absolute discretion LS believes it is likely to cause risk to the welfare, safety or conduct of others participating in the whole or part of the services, then LS may require the Course Participant to retire from the Course without any refund and in such circumstances the Client will be responsible for any additional costs incurred by LS.
We have a zero tolerance policy in relation to alcohol and drugs. Any Course Participant who attends the course under the influence of or becomes under the influence of or smelling of alcohol will be refused admission and no refunds will be given.
11. IF YOU HAVE A COMPLAINT. If you have a problem during your course, please inform the instructor immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up by writing to our office at The Kiln, Grange Road, Tongham, Surrey. GU10 1DJ, UK giving your booking reference and all other relevant information and where possible evidence. We must receive any such complaint not later than 28 days of the date of the completion of your course.
It is strongly recommended that you communicate any complaint to our representative without delay and complete a report form whilst on the course.
If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the course and this may affect your rights under this Contract as you will have failed to have mitigated (minimised) your losses and will be unable to recover compensation for this element subsequently.
12. FORCE MAJEURE. LS shall not be liable to the Client for any event beyond the control of LS including (but not limited to) an act of god, war or threat of war, riot, civil strife, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, volcanic activity, fire, outbreak of disease or imposition of quarantine, epidemics or health risks, closed or congested airports, ports or stations, changes imposed by re-scheduling or cancellation of transport by the transport supplier such as flights by airlines or main charter, the alteration of transport, transport schedule or transport types, adverse weather conditions (actual or threatened), adverse diving conditions, avalanche and technical failure with transport, Foreign and Commonwealth Office advice (or equivalent if the students are not UK Citizens) changing and advising against travel to the Course destination, poor local infrastructure, or where LS deems the safety of a group could not be guaranteed.
13. LIABILITY. If the Contract we have with you is not performed or is improperly performed by us we will, save in cases of force majeure, pay you appropriate compensation if this has affected the delivery of the course. Our liability in contract, tort or otherwise arising, except in cases involving death, fraudulent misinterpretation or personal injury, shall be limited to the price paid by the client for the course. You agree that we will not be liable for any consequential loss of any form arising from any breach of this contract including but not limited to consequential losses, lost job opportunities, wages, accommodation or travel.
Where the premises and equipment are those of or arranged by the client, LS will have no responsibility for and the client will keep LS and its staff fully indemnified against any claim arising from the state or condition or use of the premises or equipment or presence or conduct of third parties or its staff on those premises.
Where LS been asked by the client to arrange services delivered by a third party, LS will act as agent for the client and will have no liability for the actions of or any losses or damage caused by the third party and the client will keep LS and its staff fully indemnified against any claim arising from the actions, omissions, breach of contract or negligence of the third party or the client.
14. DATA PROTECTION. We shall ensure that proper appropriate security measures are in place to protect your personal data (as defined in the Data Protection Act 1998). When you make a booking, you consent to all the information you provide being passed on to our suppliers, agents, sub-contractors, employees or volunteers whether based inside or outside the European Economic Area for the purposes of our providing you with the Expedition.
15. INTELLECTUAL PROPERY, IMAGERY AND TESTIMONIALS. By agreeing to these terms and conditions, you/the Course Participants consent (unless the contrary is indicated by you on the booking form) to:
16. GENERAL. We shall be entitled to novate or assign the Contract or any part of it to any third party. You shall not be entitled to assign the Contract or any part of it without our express written consent.
17. NOTICES. All communications relating to this Agreement shall be in writing and in English and delivered by hand or sent by first class post, electronic mail (not text message) or facsimile to the party concerned at the relevant address shown in the Contract Details (or such other address as may be notified from time to time by one party to the other). Any communication shall take effect if hand delivered upon delivery; if posted, at 10.00am on the second business day after posting; if sent by electronic mail or facsimile when a complete and legible copy of the communication, whether that sent by electronic mail or facsimile has been received at the appropriate address.
18. JURISDICTION AND CHOICE OF LAW. The Contract incorporates these terms and conditions, which are governed by the law of England and Wales and the parties irrevocably agree to the exclusive jurisdiction of the Courts of England and Wales. This is fundamental to our agreement as it impacts on our insurance coverage. If this is not acceptable to you, please advise in advance of contracting with us.
19. ENTIRE AGREEMENT. If any of these terms and conditions are found by any Court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of the Contract and the rest of the condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law.
A person who is not a party to the Contract or these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
© LIFESIGNS GROUP March 2016