Jymka Class Booking Terms & Conditions
Between Jymka Kids-active-fun certified Instructors or Jymka licensees and their customers, the parents, schools, preschools etc.
- ‘Carer’ means the person who attends the class with the child or is simply responsible for the welfare of the child during the class. The Carer may be a parent, Guardian or other”
- ‘Instructor’ means the self employed Jymka Certified instructor or their certified staff who is delivering the kids fitness classes independently of Jymka They are the person with whom he carer has entered into this contract in respect of the provision of classes.
- ‘Jymka’ is an online training business who trains and certifies individuals to teach and deliver fitness classes to children. These individuals / certified instructor agree not to deliver any class whatsoever unless they agree that they deem themselves fit and able to do so after successfully completing and becoming a Certified Jymka fitness instructor.
- “Fees” means the amount chargeable to attend a class or classes for a term, as specified by the instructor
- “Parent” means a parent or legal guardian of the participant who will be responsible for the payment of the Fees and who is the contracting party to this contract and who shall (if the Carer is not the Parent) be responsible for compliance with these Terms & Conditions by the Carer
- “Participant” means the child who is attending or who is booked on to a Jymka Class who’s details are specified by the Parent or Carer on the Booking Form
- “Venue” means the premises where the Classes take place
- “Term” means the agreed dates and time of the class term
- “Terms & Conditions” means the terms and conditions set out here and any special terms and conditions agreed in writing by Jymka and the Parent
- “Website” means the website at www.Jymka.com
All parties agree that:
- All Jymka Certified Instructors, licensees and parents agree to these class booking terms and no variation or addition to these class Terms & Conditions shall be binding unless agreed in writing by the self employed Jymka Certified instructor(s) and the Parent.
- These Terms & Conditions shall be deemed to be accepted by the Parent of the child and the Carer once the child participates in a class for any duration whatsoever
- The Jymka instructor may cancel this contract at any time before the Participant commences a Term for any reason whatsoever and agrees to refund the customer any monies received in full. Jymka shall not be responsible for any loss or damage whatsoever arising from such cancelation.
- The Instructor agrees only to deliver any kids class after becoming a Certified instructor when they deem themselves competent and safe to do so. The instructor parent or carer agrees that they may never hold Jymka liable for any accident or incident in any class whatsoever.
- It is the Parent and/or Carer’s responsibility to inform the Jymka instructor of any special medical conditions or needs their child may have at the point of booking. This includes behavioral disorders.
- The participant child, Parent or Carer must not attend any Class whilst suffering from any serious illness or contagious disease or anything similar thereto.
- During all Classes the Parent or Carer agrees and accepts the sole responsibility, general conduct and care for the Participant child during the Class whether they are present or not.
- The Jymka instructor shall have the sole right to exclude the Participant and/or Parent and/or Carer either permanently or for such period as they (in its entire discretion) determine if deemed necessary for the safety and well being of other participants or parents or carers.
Limitation of Liability
- The Parent and/or Carer agrees that any claim made against the Jymka Certified instructor or licensee will be made in writing within 30 days of the incident taking place and failure to report in writing within this time will negate any such claim.
- The maximum aggregate liability for the Jymka instructor to the Participant, Parent and/or Carer will not exceed the Fees paid for the class. The maximum aggregate liability for Jymka in zero.
- Jymka is solely a training provider and is not to be held liable to anything whatsoever or to any accident or incident that my occur during any class delivered by any Jymka Certified instructors
- Neither Jymka, its Certified instructors nor any employee or other representative accepts responsibility in respect of loss, damage or expense incurred by a Participant, Parent and/or Carer arising directly or indirectly or in any way connected with the attendance of the Participant, Parent and/or Carer at Classes (or any Class) or any other act or omission on the part of Jymka, its instructors, employees, agents and/or representatives.
- All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or excluded liability for death or personal injury caused by the negligence of a Jymka instructor it Coaches, coaches assistants, employees, agents and/or representatives or affects the statutory rights of the parent or Participant.
Cancelation of a Class due to Insufficient Numbers
The KidsActiveFun self-employed instructors shall have the sole right to cancel any class prior or during a term subject to numbers. Parents will be informed if a class is cancelled due to insufficient participants.
By agreeing to these terms and conditions the Parent consents that the data provided (non-financial) can be shared within the Jymka group.
The Parent or carer shall indemnify and keep indemnified Jymka against all loss (including loss of profit), liability, cost and expenses, which Jymka may incur directly or indirectly as a consequence of any action or inaction of the Parent, Carer and/or child Participant. Any notices to be sent by either party to the other shall be sent by pre-paid recorded delivery or hand delivered to the address of the relevant party and shall be deemed to have been received by the addressee within 48 hours of posting or immediately if hand delivered. The failure by either party to enforce at any time or for any period any one or more of the obligations arising under this contract shall not be a waiver of them or of the right at any time subsequently to enforce any or all of such obligations. These terms and conditions constitute the entire agreement between the parties hereto and supersedes prior agreements and understandings between the parties.
Fee Payments & Refunds
- Note all payments and agreements for classes are between the Jymka Instructor and the parent only. Jymka does not receive any payment whatsoever for any classes and is an independent party to same.
- The Parent shall pay the Fees for the Term directly to the Jymka self-employed instructor.
- Class and term fees are non refundable unless the classes were not delivered at all in which case it is the responsible soley of the instructor to refund the carer. Jymka is not liable for any refunds and is deemed at all times as a separate party.