FSCR MEMBERSHIP TERMS & CONDITIONS

Please read the following important terms and conditions before you utilise our booking or training App, attend our performance & rehabilitation facilities, receive our coaching, physiotherapy and rehabilitation services (or similar) and/or purchase any consultations, sessions, memberships or similar services from us. Please check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘App’ means the FSCR booking and training App;
• ‘FSCR’, ‘we’, ‘us’ or ‘our’ means Football Strength Conditioning & Rehabilitation Ltd;
• ‘site’ means any FSCR performance and rehabilitation facility;
• Waiver’ means the FSCR medical/injury; and
• ‘you’ or ‘your’ means the person using our site or App to purchase or utilise services from us.

If you have any questions about this contract or any memberships or services you have purchased, please contact us by sending an email to [email protected].

Who are we?

• Introduction

1. 1. If you buy services on our site or App you agree to be legally bound by this contract.
   2. A ‘service’ under this contract includes but is not limited to the provision of the App, the provision of advice, training resources and information, access to the site, physiotherapy, rehabilitation, coaching, training, football and other sessions and other related services available from FSCR. 
   3. These terms and conditions apply only if you are buying services on our site or App as a consumer (i.e. for purposes outside of your business, craft or profession).
   4. This contract is only available in English. No other languages will apply to this contract.
   5. When buying any services on our site or App you also agree to be legally bound by:
      1. our website or App terms and conditions and any documents referred to in them, including but not limited to our Waiver and Privacy Policy;
      2. extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one week’s notice.

All of the above form part of this contract as though set out in full here.

• Parents and Guardians

1. 1. As set out at clause 5.7, if you are the parent of a minor and the minor is due to receive any services from FSCR, you hereby agree to the following:
      1. You are familiar with these Terms and Conditions and with the obligations and which are required by your child (as parent or guardian) and you unconditionally guarantee the full and timely performance by your child (as parent or guardian) of all of their obligations, duties and warranties owed towards FSCR and its successors and assignees pursuant to these Terms and Conditions;
      2. you are authorised by your child (as parent or guardian) irrevocably and unconditionally to enter into this agreement on their behalf; 
      3. you shall indemnify you and keep FSCR, its successors, assignees and licensees at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision your legal costs on a solicitor and own client basis), awards and damages however arising directly or indirectly as a result of any breach or non-performance by your child (as parent or guardian) of any of their undertakings, warranties and obligations pursuant to these Terms and Conditions; and
      4. this liability towards you shall be as a primary obligor and FSCR shall not be required to make any demand or commence any proceedings pursuant to these Terms and Conditions to enforce any of its rights.
   2. When a child turns 18, they will become an independent adult member and will need to agree to new Terms and Conditions in their own right. If you continue to pay the young person’s membership, you shall continue to be fully bound by these Terms and Conditions. 

[LS Note: please provide details on adult/child linked membership and whether this is still relevant under the App.]

• Information we give you

1. 1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please carefully review:
      1. all sections of these Terms and Conditions;
      2. the various sections of the App, including our membership options and benefits;
      3. the FSCR website;
      4. the FCSR Waiver;
      5. the FSCR Club Rules (which can be found here: www.footballscr.com/fscr-club-rules/) 

[LS Note: we need to ensure these rules do not conflict with these Terms. I would also suggest that you and your staff prepare a health and safety code (which we can help with of course) based on the equipment in the facility and the common areas where you need members to behave appropriately)]

1. read the acknowledgement email (see clause 5.3); and/or
2. contact us using the contact details provided in these Terms and Conditions.

1. The key information we give you by law forms part of this contract (as though it is set out in full here).
2. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

• Your privacy and personal information

1. 1. 1. Our Privacy Policy is available at www.footballscr.com.
      2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

• Ordering services from us

1. 1. 1. Below, we set out how a legally binding contract between you and us is made.
      2. You place an order on the site or App by selecting your preferred membership or services and making payment via the site or App. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
      3. When you complete the pre-training questionnaire, sign the Waiver and place your order at the end of the online/App checkout process (e.g. when you click on the ‘Purchase’ button and complete the payment process), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
      4. We may contact you to say that we do not accept your order. This is typically for the following reasons:
         1. we cannot carry out the services (this may be because, for example, we have a shortage of staff);
         2. we cannot authorise your payment;
         3. you are not allowed to buy the services from us;
         4. we are not allowed to sell the services to you (for example, because you are under age to buy the requested services); or
         5. there has been a mistake on the pricing or description of the services.
      5. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
         1. a legally binding contract will be in place between you and us; and
         2. we will provide the services to you at the Site, as agreed during the online checkout process.
      6. If you are under the age of 18 in addition to you agreeing to these Terms and Conditions your parent or guardian must also agree to these Terms and Conditions on your behalf before we deliver our services to you. You hereby acknowledge that FSCR do not deliver services to those under the age of 18 without these Terms and Conditions being agreed by your parent or guardian on your behalf.
      7. If you are a parent or guardian of a person under the age of 18 who is purchasing services from FSCR you hereby agree to these Terms and Conditions on behalf of the FSCR member and agree to fully guarantee FSCR in respect of all of the member’s obligations under these Terms and Conditions, including but not limited to, paying all amounts due to FSCR in relation to FSCR’s services.
      8. You agree at all times to keep us fully and promptly notified of any changes to your medical records or condition. You shall ensure that at all times, the medical information held by FSCR is accurate and complete.
      9. You agree and undertake to behave respectfully to all FSCR staff and members at all times both at the site and online, via the App and on social media. You agree not to make any defamatory statement regarding FSCR, its staff or members at any time.
      10. You agree and undertake not to disclose any confidential information relating to FSCR and its practices, including bespoke training plans, financial information, business plans, marketing materials or similar information of a confidential nature.

• Right to cancel

1. 1. 1. You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you attended the FSCR site during this period or in any other way, receive services from FSCR. This is further explained in clause 6.5 below.
      2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
      3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by email) using the contact details at the top of this page. 
      4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
      5. If you requested for us to start providing the services for example, by allowing you access to the FSCR site, making bookings via the App or delivering football, strength and conditioning, physiotherapy, rehabilitation or similar advice during the cancellation period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.
      6. At any time, you can end your membership immediately if we are satisfied that there has been a change in your personal or football club circumstances, suffered an injury which means you can no longer use any of the FSCR facilities or there any other circumstances which mean that it is no longer reasonable for you to use your club’s facilities or to continue being a member. Your membership will not terminate early unless confirmed by us to you in writing. 

• Effects of cancellation

1. 1. 1. If you are able to cancel this contract within the 14 day period, we will reimburse you all payments received from you (subject to clause 6.5 above). If you are unable to cancel the contract you must pay us the full price for the membership (for the agreed term) and other services agreed under this contract. 
      2. We will make any reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
      3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

• Carrying out of the services

1. 1. 1. We will provide access to the site and member facilities and carry out any services at the time agreed in the App and as set out in the Confirmation Email (see clause 5.5). If you and we have agreed no time or period, we will carry out the services and provide site access within a reasonable time.
      2. Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the services as soon as those events have been fixed.

• Football Club Restrictions 

1. 1. 1. Your club may give you information about the range of facilities you can use and exercises you can carry out. You must inform us and keep us fully updated of all club instructions. Failure to do so will entitle us to terminate our contract with you with immediate effect.
      2. You hereby agree and undertake not to perform any exercises (including playing football) or use any equipment which your football club has instructed or indicated to you or us that you should not perform or use.

• Powerleague

1. 1. 1. You hereby acknowledge that FSCR do not own the site and the site must be accessed via Powerleague Fives Ltd property. The FSCR gym and indoor treatment area are controlled by FSCR however, the pitches and surrounding areas are owned and controlled by Powerleague Fives Ltd.
      2. You acknowledge that FSCR shall not be responsible for the maintenance, condition or safety of any Powerleague property including the stairs, walkways, pitches or reception area.
      3. You agree not to do anything which may damage or jeopardise FSCR’s tenancy arrangements with Powerleague Fives Ltd including causing any damage to the site or Powerleague Fives Ltd’s property.
      4. You agree to abide at all times with Powerleague Fives Ltd health and safety procedures in place from time to time when attending the site.

• Membership Categories 

1. 1. 1. All membership categories are listed on the App and are subject to change from time to time, including changes to access, facilities, booking, opening times, prices, payment options, football club information and other similar terms. 
      2. Certain football clubs may benefit form specific membership types, access to the site and membership fees all of which can be accessed via the App and are subject to change from time to time.
      3. Your membership will begin when a contact is formed in accordance with these Terms and Conditions.
      4. Your membership will run for the initial period, which is at least 3 full calendar months and will continue then indefinitely until you give us at least one full calendar months’ notice in writing in accordance with these Terms and Conditions. You are free to switch memberships at any time. If you switch your membership type in the App, once payment has been made, the initial three-month period of membership will restart.
      5. You are only entitled to use the facilities available under your category of membership. Any use of facilities outside of your membership category will entitle us to terminate this agreement with immediate effect. Each category of membership may have certain restrictions which only apply to that category of membership. All membership category details are available on the App.
      6. We may choose to stop providing certain membership categories. 
      7. Members are free to choose and book sessions via the App in accordance with their membership category.

• Payment

1. 1. 1. Membership fees are due in advance on the 1st of each month. You must pay for your membership by making monthly payments by direct debit through the FSCR app, unless we agree otherwise.
      2. We accept the following credit cards and debit cards: Visa and Mastercard. We do not accept cash or cheques.
      3. We will do all that we reasonably can to ensure that all of the information you give us when paying for the services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 4) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
      4. All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps.
      5. If your payment is not received by us we may charge interest on any balance outstanding at the rate of 4% per year above the Bank of England’s base rate. FSCR are free to block access to the site in the event you fail to make payment of any membership or other fees.
      6. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 6 and 7.
      7. All prices are in pounds sterling (£)(GBP).
      8. All performance services including memberships services and football, strength and conditioning services are subject to VAT and therefore charged inclusive of VAT. All medical services including physiotherapy, rehabilitation and injury and performance profile services are exempt from VAT and therefore charged exclusive of VAT.

• Nature of the services

1. 1. 1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:
         1. where the price has not been agreed upfront, the cost of the services must be reasonable; and
         2. where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.

• Guests

1. 1. 1. You can introduce guests to your club. All guests must sign up using the FSCR App.
      2. You agree to ensure that, when attending the site with guests:
         1. you stay with the guests at all times;
         2. your guests are aware of, and keep to, our rules and policies from time to time;
         3. guests have either been invited for a ‘taster session’ or have paid the appropriate fee to use the services via the App.
      3. You can get details of the guest fees which apply at your club on our app, website or from your club.
      4. Guests are only entitled to use the facilities that you can use under your membership.
      5. If you, your linked member or your guest breaks any of the rules relating to guests set out in these terms and conditions, or any other rules we have told you about, you (or your guest) must pay the full guest fee and we may withdraw the right for you or any linked member to invite guests to your club for up to three months.
      6. You can sign in the same guest only once a year. You can only sign in the same guest once before they must purchase a membership to utilise FSCR services.

• End of the contract

1. 1. 1. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract or to enforce any other rights against you in respect of your membership, breach of Waiver or your conduct at the site.
      2. In order to end your membership you must give us one month’s notice. If you give notice to end your membership we will treat it as if we received it on the first day of the following month (unless sent on the first day of the month). 
      3. For example, if you need to give us notice to end your membership and we receive your notice on 23 May, your notice will start from 1 June, your membership will end on 30 June and you will pay one more monthly payment (on 1 June) after giving notice. The only exception to this is if you give us notice at the beginning of a month. This means that if we receive notice from you on the first day of the month, the notice period will run from that day.
      4. There are no exceptions to this rule. For example, if you give us notice on 1 June, your membership will end on 30 June and you will not have to pay any more direct debits after 30 June.
      5. All notices under these Terms and Conditions must be sent by email (to [email protected]) or by first class post (to the site). Your notice is not effective until we have received it. 
      6. We may give notice to immediately terminate your membership if at any time you:
         1. breach these Terms and Conditions;
         2. breach the terms of the Waiver;
         3. fail to make payment of any fees due to us;
         4. fail to follow our health and safety instructions or guidance on gym equipment; and/or
         5. breach any behavioural policies in place from time to time.

• Limitation on our liability

1. 1. 1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
         1. losses that were not foreseeable to you and us when the contract was formed;
         2. losses that were not caused by any breach on our part;
         3. business losses; or
         4. losses to non-consumers.
      2. You agree to indemnify us against all reasonable liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by us arising as a breach of these terms and conditions;
         1. the Waiver;
         2. our policies and practices in place at our sites;
         3. our App’s user policy; and
         4. our privacy policy.

• Lockers 

1. 1. 1. You bring all personal belongings to the site at your own risk. We do not accept legal responsibility for any loss or damage to these items.
      2. If you lose a key or padlock to any locker you have hired, you will have to pay a fee to cover the cost of a new key or padlock as appropriate.
      3. If you leave your belongings in a locker overnight but you have not paid for a yearly locker, we have the right to remove your belongings. You can claim the belongings we have removed from the club reception for up to two weeks after we remove them. After this time, we will not be responsible for the belongings.
      4. If you find lost property, you must hand it into a staff member at the club immediately. We will hold items for three weeks only before giving them to charity.

• Photos and Videos

1. 1. 1. You may take photographs and video recordings at the site for your own personal use.
      2. You must not take photographs or videos of any children under 18 other than your own
      3. Anyone who appears in your photographs or videos must be aware that you are filming them, and you must get their permission first.
      4. If another member is unhappy that you are filming them and makes a complaint to us, we may ask you to show us any images which you have taken in the club and to delete them if appropriate.
      5. If a member of our team asks you to stop filming or taking photographs you must do so.
      6. We reserve the right to take photos and videos to utilise for marketing purposes if you have given permission when signing up for your membership. If you would like to remove any photos or videos from any of FSCR’s social platforms, website or marketing material, please write to [email protected].

• Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

• Disputes

1. 1. Both you and FSCR agree to try and resolve any disputes with you quickly and efficiently. 
   2. The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
   3. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.