Weekly Classes and 1-2-1’s
1. Definitions
1.1 When the following words in capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 8.2;
(b) Course Confirmation: your Course Confirmation for the Training Services;
(c) Order: your Order for the Training Services as set out in the Course Confirmation;
(d) Training Services: the dog agility Training Services that We are providing to you as set out in the Course Confirmation;
(e) Terms: the terms and conditions set out in this document; and
(f) We/Our/Us: Wild Paws Agility Limited, company registration no. 12697860, Unit 3b Trident Business Centre, Amy Johnson Way, Blackpool, FY4 2RP.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which We supply Training Services to you.
2.2 Please ensure that you read these Terms carefully and check that the details on the Course Confirmation and in these Terms are complete and accurate. If you think that there is a mistake, please contact Us to discuss.
2.3 Our acceptance of the Training Services will take place as described in clause 2.4. If We are unable to supply you with the Training Services, We will inform you of this and We will not process the Course Confirmation.
2.4 These Terms will become binding on you and Us when we contact you that We are able to provide you with the Training Services and send our Course Confirmation and receive your payment, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Course Confirmation, the Course Confirmation will take priority.
2.6 We shall assign a Course Confirmation number to the Course Confirmation and inform you of it when We confirm the Course Confirmation. Please quote the Course Confirmation number in all subsequent correspondence with Us relating to the Training Services.
3. Changes to Course Confirmation or terms
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you;
(b) changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
3.3 You may make a change to the Training Services within 14 calendar days of receiving a Course Confirmation by contacting Us. Where this means a change in the total price of the Training Services, We will notify you of the amended price in writing. You can choose to cancel the Training Services in accordance with clause 9.1 in these circumstances.
3.4 If you wish to cancel an Order for Training Services before it has been fulfilled, please see your right to do so in clause 9.
4. Providing Training Services
4.1 We will supply the Training Services to you from the date agreed between Us in writing until the estimated completion date set out in the Course Confirmation.
4.2 We will make every effort to complete the Training Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
4.3 We may have to suspend the Training Services if We have to deal with staff absences or to make improvements agreed between you and Us in writing to the Training Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Training Services while they are suspended under this clause 4.4 but this does not affect your obligation to pay for any invoices We have already sent you.
4.4 If you do not pay Us for the Training Services when you are supposed to as set out in clause 6.3, We may suspend the Training Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 6.5). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 6.4.
5. If there is a problem with the Training Services
5.1 In the unlikely event that there is problem with the Training Services:
(a) please contact Us by email Nicola@wildpawsagility.co.uk and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to resolve the problem.
5.2 As a consumer, you have legal rights in relation to Training Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. Price and payment
6.1 The price of the Training Services will be set out in Our Course Confirmation. These prices include VAT.
6.2 Where We are providing block booking Training Services to you, We will ask you to make an advance payment at the time of booking and then monthly by direct debit. Where We are providing 1-2-1 Training Services to you these will be paid for by CREDIT/DEBIT CARD in advance. Your rights to a refund on cancellation are set out in clause 9.
6.3 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
6.4 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 6.4 will not apply for the period of the dispute.
7. Our liability to you
7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
7.2 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by sections 3 and 4 of the Supply of Goods and Training Services Act 1982 (description, satisfactory quality).
8. Events Outside Our Control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Training Services to you, We will restart the Training Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Training Services. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 9.
9. Your rights to cancel and applicable refund
9.1 Before We begin to provide the Training Services, you have the following rights to cancel an Course Confirmation for Training Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage:
(a) You may cancel any Order for Training Services within 14 calendar days of placing by contacting Us. We will confirm your cancellation in writing to you.
(b) If you cancel an Order for Training Services under clause 9.1(a) and you have made any payment in advance for Training Services that have not been provided to you, We will refund these amounts to you.
(c) However, if you cancel an Order for Training Services under clause 9.1(a) and We have already started your Training Services by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Course Confirmation, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order for Training Services because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
9.2 Once We have begun to provide the Training Services to you, you may cancel the Training Services at any time by:
(a) Block booking training by providing Us with at least 30 calendar days’ notice in writing, a credit will be issued for any unused session.
(b) 1-2-1 training by no less than 7 days notice in writing. No refund will be given.
9.3 Once We have begun to provide the Training Services to you, you may cancel the contract for Training Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
9.4 Cancellations due to Kennel Cough and/or other canine contagious diseases:
(a) If your dog has been in contact with a dog with kennel cough you may not attend for 14 days after the contact occurs.
(b) If your dog has kennel cough you must wait 10 days after the symptoms have ended before attending classes.
(c) You must notify us if your dog develops kennel cough within 21 days of attending one of our classes/events.
(d) No refunds will be given for unattended classes.
10. Our rights to cancel and applicable refund
10.1 If We have to cancel an Order for Training Services before the Training Services start:
(a) We may have to cancel an Order before the start date for the Training Services, due to an Event Outside Our Control or the unavailability of key personnel without which We cannot provide the Training Services. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 10.1(a) and you have made any payment in advance for Training Services that have not been provided to you, We will issue a credit for any unused session(s).
10.2 Once We have begun to provide the Training Services to you, We may cancel the contract for the Training Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Training Services that have not been provided to you, We will refund these amounts to you by way of credit voucher.
10.3 We may cancel the contract for Training Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 6.3. This does not affect Our right to charge you interest under clause 6.4; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing;
(c) in Our opinion a handler or dog is unsuitable for Training Services.
11. Information about us and how to contact us
11.1 We are a company registered in England and Wales. Our company registration number is 12697869 and Our registered office is at Unit 3b Trident Business Centre, Amy Johnson Way, Blackpool, FY4 2RP.
11.2 If you have any questions You can contact Us by e-mailing Us at hello@wildpawsagility.co.uk.
11.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Wild Paws Agility Limited at Unit 3b Trident Business Centre, Amy Johnson Way, Blackpool, FY4 2RP or hello@wildpawsagility.co.uk. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Course Confirmation.
12. How we may use your personal information
12.1 We will use the personal information you provide to Us in line with our Privacy Policy to:
(a) provide the Training Services;
(b) process your payment for such Training Services; and
(c) inform you about similar products or Training Services that We provide, but you may stop receiving these at any time by contacting Us.
12.2 We will not give your personal data to any other third party.
13. Other important terms
13.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
13.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
13.3 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 full force and effect.
13.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
Training Events
Standard Terms & Conditions
1. Interpretation
1.1 “Agreement” means these terms and conditions and the supply of Services to which they relate; “Booking” means the Course Confirmation Email completed by the Customer for the provision of a Scheduled Event or Training Course; “Business Day” means any day (other than a Saturday, Sunday or public holiday) when banks in London are open for business; “Customer” means the company, organisation or individual which accepts the supply of Services; “Data Protection Laws” means the Regulation and all other applicable laws, regulations and provisions relating to Processing; “WPE” means Wild Paws Events Limited (company number 13239180); “Original Event Date” means the original date on which the relevant Training Course is to be delivered by WPE; “Personnel” means any officers, employees, agents or subcontractors; “Personal Data” has the meaning set out in the Regulation; “Price” means the price agreed for the Services; “Processing” has the meaning set out in the Regulation and references to “Processed” shall be construed accordingly; “Quotation” means a quotation form sent by WPE to the Customer for the provision of an Event or Training Course; “Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation), as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of Section 3 of the European Union (Withdrawal) Act 2018; “Scheduled Event or Training Course” means a training course advertised by WPE which is available to the public; “Single Customer Training Course” means a training course delivered solely to the Customer; “Services” means the services to be provided by WPE to the Customer in the form of WPE’s delivery of the relevant Training Course as specified on the Course Confirmation Email; “Training Course” means either the Scheduled Event or Training Course or Single Customer Training Course (as applicable). “Training Materials” means any materials supplied by WPE to the Customer in connection with WPE’s performance of the Services.
1.2 Unless other terms and conditions are expressly accepted by WPE by a specific written amendment hereto, the Agreement between the parties shall be on the terms and conditions set out below, whether or not the same are endorsed upon, delivered with or referred to in any Course Confirmation Email or other document delivered or sent by the Customer to WPE.
2. Basis of Contract
2.1 By submitting a Course Confirmation Email, the Customer agrees to be bound by this Agreement.
2.2 In relation to a Course Confirmation Email, a binding contract between Customer and WPE will only be formed when written confirmation of acceptance is sent by WPE to the Customer using the Customer contact details provided in the Course Confirmation Email.
3. Price
3.1 Unless expressly stated otherwise, the Price is as stated in the Course Confirmation Email.
4. Payment
4.1 Unless otherwise agreed in writing, the Price is payable in full in advance of provision of the Services.
4.2 Subject to clause 4.1, payment shall be made by the Customer in Pounds Sterling within fourteen (14) calendar days of the date of WPE’s invoice.
4.3 Debt recovery costs and interest on overdue payments shall accrue on any unpaid amounts from the date when payment becomes due to the maximum extent permitted by the Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debt Regulations 2002 or such other similar laws that may be applicable.
4.4 Where the Customer defaults under any agreement with WPE in payment on the due date of any sum due to WPE, WPE without liability may cancel this Agreement with immediate effect, or any other agreement between WPE and the Customer, but without prejudice to any right or remedy which WPE may have against the Customer in respect of such default.
5. Liability and Indemnity
5.1 WPE shall perform the Services with reasonable care and skill.
5.2 The aggregate liability of WPE under this Agreement shall be limited to the value of the Services and the Customer shall have a duty to mitigate any loss suffered by it pursuant hereto. In no event shall WPE be liable for loss of profits, loss of business or revenue, loss or corruption of data, loss of opportunity, loss of anticipated savings, depletion of goodwill, any third party claims, or any indirect or consequential loss or damage, which arise out of or in connection with this Agreement. Nothing in this Agreement shall exclude or limit WPE’s liability for death or personal injury caused by the negligence of WPE, its employees or agents or for fraudulent misrepresentation.
5.3 Save insofar as WPE can be shown to have been negligent under clause 5.1, the Customer shall: (i) fully indemnify WPE and WPE’s Personnel against any loss, damage or injury (including injury resulting in death) to property or person sustained by (a) WPE and/or its Personnel, (b) the Customer, (c) and any third party, where such loss, damage or injury is caused by the negligent act or omission of the Customer; (ii) fully indemnify WPE against all financial liability (including professional costs) suffered or incurred by WPE as a result of, or in connection with any third party claim brought against WPE resulting from death, injury, damage or loss occasioned by the use, operation, methods or other results of the Services; (b) fully indemnify WPE and WPE’s Personnel against any loss, damage or injury arising as a result of the Customers’ breach of these terms.
6. Health & Safety
6.1 The Customer shall ensure that all appropriate safety measures and legislation are observed in connection with the Services.
7. Intellectual Property and Training Materials
7.1 Unless otherwise agreed in writing, the ownership of any and all rights in and to any copyright, patents, designs, conceptual solutions, analyses, processes, inventions, software, know-how, confidential information, any other rights in intellectual property (whether registered or unregistered) or otherwise (“IP”), other than third party rights, arising as a result of WPE providing the Services (“WPE IP”), shall remain vested in WPE. WPE shall grant to the Customer a non-exclusive, non-transferable licence to use the WPE IP solely in accordance with this Agreement.
7.2 As part of the Services, WPE may provide the Customer with Training Materials, for the avoidance of doubt, copyright in any Training Materials shall remain vested in WPE, unless otherwise agreed in writing.
7.3 The Customer shall not use WPE’s name in any way to imply endorsement or otherwise by WPE of: (i) any internal training run by the Customer which makes use of the Training Materials; or (ii) any other process or product of the Customer.
8. Confidentiality
8.1 Each party acknowledges and agrees that any and all information concerning the other party’s business disclosed in the performance of the Services is confidential (“Confidential Information”) and each party agrees to keep confidential such Confidential Information for a period of five (5) years from the date of acceptance of the supply of Services. This clause shall not apply to any information which at the time of disclosure is (or subsequently becomes) published or generally available to the public (other than as a breach of the receiving party’s obligation under this clause), which at the time of disclosure was already in the possession of the receiving party (other than under an obligation to the disclosing party), which subsequently legally comes into their possession from another source, or which is required to be disclosed in order to comply with a legal requirement.
9. Termination
9.1 WPE may terminate this Agreement if the Customer is in material breach of this Agreement and, where such breach is remediable, the Customer fails to remedy the same within fourteen (14) days of the receipt of a written request to so remedy.
9.2 Either party has the right to immediately terminate the Agreement at its discretion if, in respect of the other party: (a) an order is made or a resolution passed for its winding up or an order is made for the appointment of an administrator to manage its affairs, business and property; (b) a receiver is appointed of such party’s assets or undertaking; or (c) if circumstances arise which entitle the court or a creditor to appoint a receiver or administrator or to make a winding-up order or if either party takes or suffers any similar or analogous action in consequence of debt.
9.3 The termination of this Agreement shall be without prejudice to the rights and duties of either party accrued prior to termination. The clauses in this Agreement which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination. The Customer shall pay the Price in respect of any Services (or part thereof) supplied prior to termination, regardless of the reason for termination.
10. Use
10.1 The Customer shall lawfully use the Services for learning purposes only.
10.5 The Customer undertakes it shall not : (a) use or access a Training Course or Training Materials for any commercial use or for the benefit of any third party, including but not limited to the sale or access to a Training Course, Training Materials or any related content; and (c) copy, alter, modify record, reproduce, create derivative works of, distribute, transmit, broadcast, sell, license, or otherwise exploit a Training Courses or Training Materials or any content contained therein, for any other purpose other than as permitted by this Contract without WPE’s prior written consent.
11. Cancellation and Rescheduling of Single Customer Training Courses
11.1 Prior to the Original Event Date, WPE may cancel or reschedule a Single Customer Training Course upon advance written notice to the Customer for any reason outside of WPE’s reasonable control. Where a Single Customer Training Course is cancelled by WPE, WPE shall refund the Customer any Price paid in advance for the Services not performed.
11.2 The Customer may cancel or reschedule a Single Customer Training Course prior to the Original Event Date of the Single Customer Training Course upon advance written notice to WPE at hello@wildpawsagility.co.uk.
11.3 If the Customer’s cancellation notice is received by WPE in relation to a Scheduled Training Course:
(i) more than thirty (30) business days prior to the Original Event Date, WPE will provide a full refund of the Price paid in advance by the Customer; (ii) between seven (7) and thirty (30) business days prior to the Original Event Date, WPE will provide a refund of fifty percent (50%) of the Price paid in advance by the Customer; or (iii) less than seven (7) business days prior to the Original Event Date, the Customer shall not be entitled to a refund.
12. Cancellation and Rescheduling of Scheduled Event or Training Courses
12.1 Prior to the Original Event Date, WPE may cancel or reschedule a Scheduled Training Course upon advance written notice to the Customer for any reason outside of WPE’s reasonable control.
12.2 Where the Scheduled Event or Training Course is: (a) cancelled by WPE, WPE shall refund the Customer any Price paid in advance for the Services not performed.
12.3 The Customer may cancel the Scheduled Event or Training Course prior to the Original Event Date for the Scheduled Event or Training Course by providing WPE with written notice to WPE at hello@wildpawsagility.co.uk.
12.4 If the Customer’s cancellation notice is received by WPE in relation to a Scheduled Training Course:
(i) more than thirty (30) business days prior to the Original Event Date, WPE will provide a full refund of the Price paid in advance by the Customer; (ii) between seven (7) and thirty (30) business days prior to the Original Event Date, WPE will provide a refund of fifty percent (50%) of the Price paid in advance by the Customer; or (iii) less than seven (7) business days prior to the Original Event Date, the Customer shall not be entitled to a refund.
13. Force Majeure
13.1 If WPE is unable (whether temporarily or permanently) to procure any services or goods necessary to enable it to supply the Services or if the supply of the Services is prevented or hindered by reason of any cause beyond WPE’s reasonable control (which shall include acts of God, governmental action, war or national emergency, acts of terrorism, riot, civil commotion, fire, explosion, flood, pandemics, epidemic, lock-outs, currency restrictions, strikes or other labour dispute, or restraints or delays outside of WPE’s control), WPE may cancel the Agreement by notice in writing to the Customer so far as it relates to the Services not then supplied or work not then done and such cancellation shall not give rise to any claims by the Customer provided that the Customer shall remain liable to pay for the Services supplied prior to the date of such cancellation.
14. Data Protection
14.1 Each party shall comply at all times with its obligations under the Data Protection Laws where Processing Personal Data of the other party in connection with the Services.
14.2 The Customer shall comply at all times with its obligations under the Data Protection Laws and warrants to WPE that it has secured all necessary consents where providing Personal Data of third parties to WPE in connection with the Services. The Customer shall indemnify WPE in the event of any loss or damage (of any nature) incurred by WPE as a result of the Customer’s failure to comply with this clause 14.
15. General
15.1 The Customer shall not assign any Agreement or any part thereof without the written consent of WPE. WPE may assign the Agreement or any part thereof to any member of the WPE group of companies or its successors. WPE shall be entitled to subcontract any part of the Services to be provided hereunder. Each right or remedy of WPE under the Agreement is without prejudice to any other right or remedy of WPE whether under the Agreement or not.
15.2 If any provision of the Agreement shall be held to be illegal, invalid or unenforceable in whole or in part, either under enactment or rule of law, such provision or part shall to that extent be deemed not to form part of the Agreement but the legality, validity and enforceability of the remaining provisions of the Agreement shall not be affected.
15.3 Failure by WPE to enforce any of the terms of this Agreement (which includes the Services) shall not be construed as a waiver of any of its rights hereunder.
15.4 The Customer shall have no right of set off, statutory or otherwise.
15.5 A person who is not a party to the Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
15.6 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
15.7 The Agreement is subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
