Gym Play Terms and Conditions

Happyjacks Gym Play Sessions

Terms & Conditions

Please read these terms carefully before you book our sessions. These terms tell you who we are, how we will provide sessions to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

All those wishing to attend a Happyjacks Gym Play session must agree to the terms and conditions set out below. The Terms shall be deemed to have been accepted by the Parent/Carer upon payment of the Fee by or on behalf of the Parent/Carer. Payment by the Carer shall be deemed to have been made on behalf of the Parent.

In the unlikely event of a customer failing to abide by these terms and conditions, a customer may be requested to discontinue with our Happyjacks Gym Play sessions. In this instance Happyjacks will be under no obligation to provide a refund for any outstanding sessions.

The Parent and/or Carer agrees to keep the content of the Happyjacks Gym Play sessions confidential and not to copy or use any aspect of our Gym Play sessions directly or indirectly. The Parent and/or Carer agrees not to directly or indirectly manage, operate or assist in the organisation of any business which competes with Happyjacks Soft Play while the booked child attends Happyjacks Gym Play sessions and for a period of two years afterwards.

 

Information about Head Office and how to contact us. 

Happyjacks Soft Play, registered office address is 11, Bridgemere Road, Eastbourne, East Sussex. BN22 8UB.

For specific questions about your Happyjacks Gym Play sessions, please contact Happyjacks directly by email  happyjackseastbourne@gmail.com or by post at Happyjacks Soft Play, 11, Bridgemere Road, Eastbourne, East Sussex. BN22 8UB. 

If we have to contact you we will do so by text message (including WhatsApp), telephone or by writing to you at the email address or postal address you provided to us on your Registration Form.

 

Booking, Payment & Cancellation

Booking a session

You can make a Gym Play session booking online at www.HappyjacksSoftplay.co.uk 

You must provide us with specific personal information in order to book a session with us. Full details of the information we collect can be found in our Data Privacy Policy here https://happyjackssoftplay.co.uk/privacy-policy

During the booking process, you will be asked to read and agree to our Terms and Conditions (this document), which include our Session Rules. Upon completion, you will receive a confirmation email detailing what you have booked, information about the time/location of your Gym Play session and any other information. 

All Gym Play session times are correct at time of publishing. If your session time/location changes, Happyjacks will contact you. 

Payment

Gym Play sessions must be paid in full prior to the date/time of the session booked. 

It is your responsibility to make sure that there are sufficient funds in your account. If a payment has failed, you will be notified and a manual payment to Happyjacks will then be required to retain your space in the chosen session. You will be responsible for any fees or penalties that Happyjacks Soft Play incurs as a result of a failed payment.

The session Fee is non-refundable under any circumstances whatsoever except with the prior written agreement of Happyjacks Soft Play.

If our Gym Play sessions are cancelled for any reason outside the control of Happyjacks Soft Play, including (without limitation) as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, strikes or terrorist activity), or where local or governmental authorities/public guidance advise that sessions should be temporarily suspended for health or other reasons (‘Extreme Reasons’), then a credit or refund will be given. 

When paying online, we will use PayPal (standard):

This will allow payment by PayPal or Card and if you do not have PayPal you can choose to pay as a guest. 

Cancellation by Happyjacks Soft Play

Happyjacks Soft Play may cancel a session at any time before the booked childs booked time/date for any reason whatsoever. Happyjacks Soft Play shall not be liable for any loss or damage whatsoever arising from such cancellation.

In the unlikely event of ‘last minute’ session changes or a session cancellation by us, Happyjacks Soft Play will notify you with as much notice as possible. Happyjacks Soft Play will not reimburse any expenses incurred by a customer failing to pick up their message.

If a session is cancelled by Happyjacks Soft Play, other than ‘beyond our control, act of God’, we will, wherever possible, offer you a credit or refund for the value of the cancelled session.

If insufficient children are booked into your chosen Gym Play session, we reserve the right to cancel the session. In this instance we will offer you either an alternative session, a credit or a refund..

The Parent/ Carer understands that no credits or refunds will be issued for missed sessions. (see attendance)

Attendance

Your Gym Play session payment has reserved your place just for you and if you miss the booked session for any reason we are unable to refund you. 

Cancellation by the Parent / Carer

If you know you are unable to attend your booked Gym Play session, please let us know by giving at least 48 hours notice by emailing or telephoning..

If, having let us know you are unable to attend your booked session, your circumstances change and you are, in fact, able to attend the session, you must speak to Happyjacks first. Please do not just turn up to your session as; if the session is full, your child will not be able to play for insurance reasons.

If you are unable to attend your session you may choose to “Send-a-Friend'' instead. The Happyjacks send-a-friend option enables parents to send a ‘substitute’ child, in place of their own for any missed sessions. Subject to availability. Please contact Happyjacks for more details. The substitute child must be the correct age to attend the customer’s session.

Cancellation by the Parent / Carer

The cancellation rights generally available to consumers in accordance with their statutory rights do not apply to the sessions provided by us.

 

Parent's/ Carer’s Responsibility

The Parent/Carer warrants and represents that;

The information set out in the Registration Form (whether or not completed and/or signed by the Parent/Carer) is accurate in all respects.

When attending a Happyjacks Gym Play session, neither the booked child nor the Parent/Carer will be suffering from any contagious illness, disease, injury or anything similar thereto.

It is the customer’s responsibility to inform Happyjacks Soft Play of any condition that could affect their own or their child’s capabilities during sessions. You must agree to inform us of any changes, as soon as you become aware of them. All information provided to us will be treated as strictly confidential.

Happyjacks Gym Play sessions require Parent/Carer participation.

The Parent/Carer acknowledges and agrees that the the booked child shall be deemed to be under the direction, care and control of the Parent/Carer throughout their booked session and the Parent/Carer shall be responsible for the welfare and conduct of the the booked child throughout the session and whilst the the booked child is on the Premises.

The Parent/Carer shall indemnify and keep indemnified Happyjacks Soft Play against all loss (including loss of profit), liability, costs and expenses which Happyjacks Soft Play shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the the booked child. 

 Customers are expected to behave in a civilised and respectful manner at all times towards the Coaches, other customers and any members of the public who are on the Premises. In the event that Happyjacks Soft Play determines the behaviour of the the booked child and/or the Parent/Carer to be unacceptable, Happyjacks Soft Play shall be entitled to exclude the the booked child and the Parent/Carer from the session and Premises permanently or for such period as Happyjacks Soft Play shall (in its entire discretion) determine.

The standard of behaviour which is to be regarded as unacceptable at our Gym Play sessions or on the Premises shall be determined by Happyjacks Soft Play.

 *The Parent is allowed to bring siblings of the booked child onto the Premises as long as they do not get involved in the session. The sibling is the responsibility of the Parent/Carer at all times. If the sibling needs attention that requires the Parent/Carer to leave the Premises, the booked child must accompany the Parent/Carer and must not be left with the Coach. *NOT APPLICABLE WHILST COVID GUIDELINES ARE IN PLACE

Customers accept that at times there will be physical contact between the Coach and their child, which will always be carried out in a professional and caring manner.

 

Session Rules

For Health and Safety purposes please supervise your child(ren) around the venue prior to your session start time. 

Please remember that you are the responsible adult for your child when he/she is attending a Happyjacks Gym Play session. Responsible adults should stay within easy sight and reach of their child at all times.

Please help us start and finish sessions on time by arriving promptly for your session and taking any litter home with you when you leave. Please let the coaching team know if you have to leave the session early for any reason; this is for emergency evacuation purposes.

Please keep siblings, buggies and associated equipment off or as far back from the play area at all times. ‘Play area invaders’ are not covered by our accident insurance if they cause or are involved in an accident. 

Parents/Carers can bring in their own refreshments but no food must be eaten on the equipment areas to avoid the hazard of choking.

Parents/Carers should take all litter home with them following sessions if bins are not provided.. 

To comply with our ‘Safeguarding & Child Protection Policy’ and best practice, we request that parents/carers DO NOT take photographs or videos at Happyjacks Gym Play sessions without permission from Happyjacks Coaches.. Whilst our coaches will do their best to enforce a total ban on the use of photographic/film or video equipment by parents/carers without permission at sessions, due to the nature of their work and the concentration required during sessions, we are unable to guarantee this, and your cooperation would be appreciated. From time to time Happyjacks Soft Play may organise photo shoots, but only where all parental consents have been obtained.

Happyjacks Soft Play encourages Parent/Carer participation to help assist their child. Happyjacks Coaches will be on hand for advice and safety and will show how to correctly support  their child etc if/where necessary. 

Please ensure your child is wearing athletic clothing for each session. Children should not wear shoes or socks whilst on the equipment. Parents/Carers must not wear shoes whilst on the matted areas.   

  

Complaint’s Procedure

We hope you will be delighted with our service but if you are at all unhappy please follow our complaints procedure:

Speak to the Coach during the session, or email Happyjacks Soft Play later, who will try to resolve the matter to your satisfaction.

  

Website & Social Media Information

The material made available in this site, including materials in linked sites directly or indirectly accessible from this site, are provided ‘as is’, with no warranty of any kind, express or implied, including those of merchantability and fitness for a particular purpose. Any reference to linked sites or to third party companies, products or services by name does not constitute or infer its endorsement by Happyjacks Soft Play. Happyjacks Soft Play has used all reasonable endeavours to ensure that information provided through this website is accurate at the time of inclusion, however it accepts no liability for any inaccuracies, errors or omissions in the site. The information available on the site may be incomplete, out of date or inaccurate. Happyjacks Soft Play reserves the right at any time and without prior notice to make changes and corrections to the material on the site. Happyjacks Soft Play accepts no liability for any loss or damage of whatsoever nature caused by the use or the inability to use the materials available in this site or any linked site. Happyjacks Soft Play has taken all reasonable steps to ensure that the Intellectual Property of third parties is not infringed. If however, you genuinely believe that the material on this site infringes any Intellectual Property rights, please contact Happyjacks Soft Play directly. All images displayed on this website are under the ownership of the photographer concerned. Agreement to display the photographs has been reached and they are not available to be copied.

 

Exclusion of Liability

Except in the case of fraud, Happyjacks Soft Play, its coaches, volunteers, employees or agents accept no responsibility under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Parent/Carer, the the booked child or any other party arising directly or indirectly or in any way connected with the attendance of the the booked child at the sesssion (or any part of it) or any other act or omission on the part of Happyjacks Soft Play or any of its coaches, employees or agents even if such act or omission is negligent.

The Parent/Carer agrees (for and on behalf of the Parent/Carer and the the booked child) that any claim by the Parent/Carer or the the booked child against Happyjacks Soft Play or any coach, employee or agent of Happyjacks Soft Play must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be time-barred.

The Parent/Carer acknowledges, warrants and undertakes (for and on behalf of the Parent/Carer and the booked child) that the maximum aggregate liability of Happyjacks Soft Play to the Parent/Carer and/or the booked child under these terms shall not exceed the Fee.

 

General

Happyjacks Soft Play accepts the service of documents via email and any notices to be sent by either party to the other shall be sent in writing. 

The failure by either party to enforce at any time or for any period any one or more of the obligations arising under these Terms shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms.

The Parent/Carer acknowledges, they have read and understood the Happyjacks Soft Play Data Privacy Policy found here: https://happyjackssoftplay.co.uk/privacy-policy  .

If a court finds part of these Terms & Conditions illegal, the rest will continue in force. 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.

These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is not contained herein shall be binding or form part of this Agreement. 

The safety and wellbeing of your child or the child in your care is of the utmost importance to Happyjacks Soft Play. We have a responsibility to report any inappropriate or suspicious behaviour to the relevant authorities.

We reserve the right to make amendments to our Terms and Conditions at any time to reflect changes in our business or statutory obligations. The new version will be posted on our website and will take effect immediately upon posting. If applicable these changes will be communicated to all our customers by email. If you book sessions after the new Terms and Conditions have come into effect as part of your booking process you will indicate your agreement to be bound by them.  

This entire agreement shall be governed by English Law and shall fall under English jurisdiction..