Our terms and conditions

1. The scope of these terms and conditions. These are the terms and conditions which relate to our Classes and other Services which we provide to you as a customer.

   1. Who we are: We are Kempo Kobudo Scotland and/or Kempo Karate Scotland.

   2. How to contact us. You can contact us via any of the methods in the Contact or Get In Touch section of the website at https://www.kempokobudoscotland.com/ or in person.

   3. Definitions. The following definitions and interpretations shall apply throughout these terms and conditions:

      1. "you" (and associated morphemes, e.g. "your") generally means the person attending our Classes or using our Services. If a Booking is made on behalf of someone else (e.g. a child) then "you" will generally refer to the person the person attending our Classes or Services, but may refer to the person making the Booking and/or their parent(s)/guardian(s), where applicable and depending on the context.

      2. "Staff" means any or all members of staff that provide Classes, Services, or other assistance to you from time to time in relation to our business.

      3. "we", "us", "our", "Kempo Kobudo Scotland", "Kempo Karate Scotland", "our business", or "our company", means Kempo Kobudo Scotland and/or Kempo Karate Scotland.

      4. "Services" and "Classes" are used interchangeably and include any Classes, seminars, courses, training, etc, that we provide to customers from our business.

      5. "writing" and "written" refers to letters, emails, instant messages, written text and printed text. Note that sending us written text may not be proof of our receipt of it.

      6. "Booking" refers to your contract made with us, as described below, when you first agree to attend any of our Classes or Services, whether or not any financial transaction has taken place.

      7. "customer" means a person who has previously attended or has agreed to attend in the future, any of our Classes, used any of our Services, or has purchased or is intending to purchase anything from us.
          

2. Our contract with you

   1. Your Booking (and any Contract formed as a result) shall be between you and Kempo Kobudo Scotland or Katsuki Ryu Karate, or any other party we have directly authorised to provide you with our Services.

   2. Our acceptance of your Booking will take place when we notify you verbally, or in writing, that we have accepted it. At which point a contract will come into existence between you and us (the "Contract").

   3. If we are unable to accept your Booking, we will inform you of this and we will not charge you for the Services.

   4. We understand that there may be many valid reasons for you to cancel or request changes to your Booking. However, there are limited spaces and we usually rely on customers keeping to their agreed Class times where possible. If you continually cancel your Booking without a good reason, we reserve the right, at our absolute discretion, to not accept further Bookings from you. We also may, at our absolute discretion, not accept further Bookings where you have previously committed a material breach, or repeated breaches of these terms.

   5. Photos and videos of our Classes, or any other Services we provide, or any children or adults in attendance of our Classes or Services, are not permitted unless agreed by us in advance. Due to privacy and child protection laws, you must not take pictures or videos at our classes or events that include other children, without the express permission of ourselves and the child's parent or legal guardian.
       

3. Our Services

   1. The descriptions of our Services, wherever they are found, are for indicative purposes only. Although we make every effort to describe our Services accurately, we cannot guarantee that our Services will not vary from those descriptions and we are not legally bound by them.

   2. By Booking any of our Classes or Services, you are confirming that you can take part in the Classes or Services your Booking applies to. By making a Booking, or attending a Class, you agree you are physically and mentally able to take part in our Classes, or any other Services to which your Booking relates and that it would not be foreseen as being harmful to your health, safety, comfort or physical condition to do so. We will not be liable for any loss, injury, or damage suffered, where you do not tell us about a medical condition you have, whether diagnosed by a medical professional or not, or you do any activity which you are aware (or should have been aware) would, or might, be detrimental to you in any way.

   3. You use our Services and attend our Classes at your own risk. As long as we have provided the Services with reasonable skill and care, we will not be liable to you for any loss, damage or injury suffered by you as a consequence of you not following any instructions given to you by any member of staff, any written rules that are displayed, or any general health and safety rules, during the provision of our Classes or Services.

   4. You shall not attend a Class if you are ill. For example, you must not attend a Class if:

      1. you have had a fever or a cough within the 14 days prior to the Class.

      2. you have had an upset stomach or diarrhoea in the 48 hours prior to the Class.

      3. you have heavy nasal discharge.

      4. you have discharging eyes.

      5. you have any symptoms that may affect your ability to attend or engage in the classes safely (e.g. dizziness, feeling feint, or pains that affects mobility).

      6. you have symptoms of a possible communicable disease, including, but not limited to, Covid-19, measles, chickenpox, rubella, whooping cough, impetigo, scarlet fever, hand foot and mouth disease or norovirus.

   5. You must comply with any policies and procedures which we communicate to you from time to time in relation to our Services. This includes general written communications that are displayed for our customers.
       

4. Providing Services

   1. Services and schedules may vary from time to time. Our Services (including the timetables for and the content of) are subject to change.

   2. Classes are provided for and Booked for in monthly Blocks, payable by a monthly Standing Order at the current monthly price (as shown on the front page of our website). When you make a Booking and pay by Standing Order, we will in turn reserve a space for you in an agreed regular weekly class for the duration of that Block.

   3. Your Block will begin and end on the same date each month that was agreed at the time of booking. We will continue to supply the relevant Services to you, between the agreed start and end date of your Block, on the agreed day(s) at the agreed time(s), until either the Services are completed and your Block expires, or this Contract is otherwise brought to an end by you or us under these terms.

   4. Classes won’t run on certain days. While Classes normally run at the same time every week, there are times or situations when Classes won’t run and may reduce the number of Classes that you would normally have the opportunity to attend. If a class doesn't run as scheduled, we may allow you to attend a catch-up class at an alternative time at our discretion.

   5. We are not responsible for delays outside our control. If our supply of Services is delayed by an event outside our control, then we will try and contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. These steps may include offering rescheduled dates for the Classes or Services. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay and we are not able to reschedule, you may contact us to end the Contract and receive a refund for any Services you have paid for but scheduled in the future.

   6. If you do not allow us to provide you with a Class or Service, for example missing a Class without "good reason" (see section 5 for Classification of good reason), we are unable to provide a refund for any Services which you paid for but did not receive. For the avoidance of doubt, it is the reservation of your space in a class that you are paying for, whether you attend or not.

   7. We require certain information from you at certain times so that we can supply our Services to you safely and efficiently. For example, names, addresses, phone numbers, existing medical conditions, immunisation details, emergency contact details, details of any communicable diseases you may have or have or been exposed to, etc. We will not be responsible for supplying our Services late, or not supplying any part of them, if this is caused by you not giving us any information we need within a reasonable time of us asking for it.

   8. We will contact you in advance to tell you if we will be suspending the supply of our Services, unless the problem is urgent. If we have to suspend the Services for any substantial period, we may adjust the price so that you do not pay for Services while they are suspended or we may change the end date of Booking to a later date, depending on the circumstances and at our discretion.

   9. If we cannot offer a suitable alternative, you may cancel the Contract as per your rights under these terms. If we cannot provide any alternatives, we will cancel the Contract and refund any sums you have paid in advance for Services that will not be provided.

   10. We may also suspend the supply of our Services if you do not pay. If you do not pay us for our Services when you are supposed to under these terms and you still do not make payment within 7 days of us reminding you that payment is due, we have the discretion to suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending our supply of Services to you.

   11. When your Booking ends (i.e. one month after your most recent monthly payment), we will usually assume that you wish to automatically make a new Booking and this will be created for you unless you tell us otherwise and as long as your monthly payments continue.

   12. However, in rare circumstances, we may, at our absolute discretion, offer the place to another customer. If we do this we will inform you immediately so that you may cancel any payments to us.
        

5. Your rights to end the contract

   1. You may end the Contract between us and you at any time, for any reason, by giving us written or verbal notice. Where you give us notice that you would like to end the Contract, this will be with immediate effect unless you have stated otherwise in your notice to us. When you cancel under this specific clause, you will not be entitled to a refund of any payments you have made in respect of the Services, whether such Services have been received or not. It is up to yourself to cancel any Standing Order or other regular payments you are making to us.

   2. Where you have a good reason for ending the Contract, you may end the Contract between you and us by giving us 7 days written notice at any time. In which case, we will refund any payments made for any Services that are scheduled after the date we receive your notice. A "good reason", for the purposes of these terms and conditions, is defined as:

      1. we have told you about an upcoming change to the Services or these terms which you do not agree to, or

      2. we have told you that we are withdrawing Services and you do not agree to any alternatives offered, or

      3. we have told you about an error in the price or description of our Services which you have ordered, and you do not wish to proceed, or

      4. we have suspended our supply of the Services for more than 30 days, or

      5. we have notified you we are going to suspend them for more than 30 days, or

      6. we commit a serious breach of any provision of these terms

      7. any other reason that we, at our discretion, believe is a "good reason".

   3. You can cancel within 14 days of us accepting your order (the "cooling off period") without giving a reason. If you want to exercise the right to cancel, please contact us using any of the methods listed in section 1. We will refund you on a pro-rata basis for any Classes or Services that are scheduled after the date that you contact us stating that you wish to cancel.
       

6. Our rights to end the contract

   1. We may end the Contract if you break it. We may end the Contract for our Services at any time by writing or speaking to you if you do not make full payment to us when it is due and you still do not make full payment within 7 days of us reminding you that payment is due, or if you commit a serious breach (or repeated breaches) of these terms. We may also end the contract immediately for any health and safety reasons agreed by our Safety Officer, for example, if you do not abide by any safety instructions given by any member of staff, or if you repeatedly act in a reckless or dangerous way that may cause harm to people or property while attending our Classes.

   2. You must pay our admin costs if you break the Contract. If we end the Contract in the situations set out in clause 6.1 we will refund any money you have paid in advance for Services we have not yet provided but we may deduct or charge you the reasonable administration costs we will incur as a result of your breaking of the Contract (such as for any materials we have procured to provide the Services to you).
       

7. Our rights to make changes

   1. Minor changes to the Services. We may change the Services to implement minor adjustments or improvements, for example, to address a health and safety concern, at any time, without warning or notification.

   2. More significant changes to the Services and these terms. In addition, we may make more significant changes to these terms or our Services, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Services paid for but scheduled in the future.
       

8. Price and payment

   1. The price of the Services (which includes VAT) will be the price indicated on our website at the time of making a Booking. Prices shown on other authorised sources, for example, flyers, will be honoured within any time period explicitly stated on the source material, or the date of publication of that material if no date is specified.

   2. We will inform you of what payment methods we can accept and when you must pay for the Services at the time of placing your order. Payment for our Services must have been made in full and on time, as agreed between you and us before we provide any of our Services to you.

   3. We may offer credit terms for our Services, but this shall remain at our sole and absolute discretion.

   4. The current monthly cost of the standard payment plan is shown on the main webpage and reserves one student's place in one class per week, at an agreed day/time each week. The cost of this reservation remains the same whether you attend or not. It is payable by Standing Order, which keeps you in complete control of your payments. You can easily cancel the Standing Order at any time.

   5. It is possible to change the agreed day/time of your class to any other that is suitable and has space. If you wish to do this, please discuss it with your instructor in advance.

   6. Most months will have four classes in that month, but some months will have five classes. Months with five classes incur no extra cost and the monthly cost, as shown on the main webpage, applies to every month in the year.

   7. Students paying the standard monthly fee may also be invited to attend some other classes, at no extra cost, for example, Kata Classes or Seminars, but this is not guaranteed and is entirely at our discretion.

   8. Occasionally, we will have to cancel a class due to staff holidays, large events (e.g. martial arts competitions), or circumstances beyond our control (e.g. severe weather or staff illness). We do not usually offer any reimbursement for these cancelled classes due to them being generally offset by the months in the year that have extra classes and/or the offer of attending an alternative class that week if available, and/or other compensations (e.g. a free spectator ticket to a competition).

   9. While paying by monthly Standing Order, if a class is unexpectedly cancelled, or you decide to miss a class for any reason (e.g. illness or a holiday), then it may be possible for you to attend any other suitable class within 14 days, space and other circumstances allowing. If you wish to do this, please discuss it with us in advance.

   10. Over the course of a typical year, taking into account the months that contain extra classes, and the opportunity to attend alternative classes when necessary, we would expect the average cost of a class over the course of a year to be roughly 1/4 of the monthly cost published on our main webpage, assuming attendance at all opportunities.

   11. The monthly cost is calculated based on the assumption that there will be a number of weeks throughout the year when classes won't run for various reasons (see above for examples). As such, no refund nor reduction in fees will normally be offered for any month that has a fewer than normal number of classes.
        

9. Our responsibility for loss or damage suffered by you

   1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. But, we are not responsible for any loss or damage that is not foreseeable. For the avoidance of doubt, provided that we have performed our Services with reasonable skill and care and we have not breached the Contract, we will not be liable to you for any loss or damage you suffer as a result of attending our Classes (save where such an exclusion is prohibited by law).

   2. You are responsible for any foreseeable loss and damage caused by you. If you fail to comply with these terms, or any instructions given to you by any member of staff at any time, you are responsible for loss or damage you suffer that is a foreseeable result of you breaking this Contract or you failing to use reasonable care, but you are not responsible for any loss or damage that is not foreseeable. For the avoidance of doubt, provided that you have taken reasonable care and you have not breached the Contract and you have followed any instructions given to you by any member of staff at any time and not acted in a dangerous or reckless manner, you will not be liable for any loss or damage suffered as a result of attending our Classes (save where such an exclusion is prohibited by law).

   3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care.

   4. We are not liable for your property. Please note that your property and belongings which you bring to a Class are your responsibility and we shall not be responsible for any loss of, or damage to, such property.

   5. We are not liable for business losses. These terms cover the supply of our Services to you as a consumer. If you use the Services covered by the Contract and these terms, or any materials provided in their delivery for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
       

10. How we may use your personal information

    1. We will never sell your personal information to any third parties.

    2. Other than when required to do so in an emergency, for serious health and safety issues, by law or law-enforcement, the government, or other emergency services or authorities, we will only use your personal information in reasonable ways - where it is necessary for, or beneficial in, providing you with our Services, or during the day-to-day operation of our business. For example, we are required to provide some personal details to our governing body for martial arts registration and insurance purposes.

    3. If it is necessary (either due to reasons given above, or by your actions) to pass any of your information on to a third-party, then you will be subject to the privacy policies of those parties. For example, if you contact us via Facebook Messenger, then you will be subject to the privacy policies of Facebook.
        

11. Other important terms

    1. Nobody else has any rights under this Contract. This Contract is between you and us (both as defined in Section 1). No other person shall have any right to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the Contract or make any changes to these terms.

    2. If a court finds part of this Contract illegal, the rest will continue in force and effect. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in force and effect.

    3. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps to ensure that you do at a later date. For example, if you miss a payment and we continue to provide our Services, we can still require you to make the payment at a later date.

    4. These terms are governed by Scottish law and you can bring legal proceedings in respect of our Services in the Scottish courts.