2.      DEFINITIONS

2.1      The following definitions apply throughout these Terms:

Activity                     means any outdoor or indoor activity we provide as part of a Booking, including but not limited to gorge walking, climbing, caving, canoeing, hiking, raft building, survival skills and team challenges.

Booker                      means the individual or organisation that places a Booking with us, and where the Booking is a Group Booking the person who places it on behalf of the group.

Booking                    means a confirmed reservation for one or more Activities, evidenced by our Booking Confirmation.

Booking Confirmation  means the written confirmation we send you (usually by email) confirming the Activity, the date, the Participants, the price and any other agreed details.

Booking Date          means the date on which the Activity is scheduled to take place.

Group Booking       means a Booking made on behalf of two or more Participants.

Participant               means an individual taking part in an Activity, whether the Booker or someone on whose behalf the Booker has made the Booking.

Schedule                  means any of the schedules at the back of these Terms that apply to a particular type of Booking.

Voucher                    means a gift voucher purchased through our website that may be redeemed against an Activity.

We, us, our              means Always Outdoors Ltd, trading as Life Changing Activities and Gorge Walking Wales.

You, your                 means the Booker, and where the context requires it, every Participant.

3.      HOW A BOOKING IS MADE

3.1      You may enquire about an Activity through our website, by email or by phone. An enquiry is not a Booking.

3.2      Once we have confirmed availability and pricing, we will ask you to confirm the Booking and pay the deposit set out in the Schedule that applies to your Booking. We will then send you a Booking Confirmation by email. The contract between us is formed when we send you the Booking Confirmation.

3.3      At the point of Booking you will be asked to confirm that you have read these Terms and accept them on behalf of yourself and every other Participant. For Group Bookings, the additional responsibilities of the Booker are set out in clause 4.

3.4      Until we have sent the Booking Confirmation and received the deposit, no Booking is confirmed and we cannot guarantee availability.

4.      BOOKER RESPONSIBILITIES FOR GROUP BOOKINGS

4.1      Where a Booking is a Group Booking, the Booker accepts these Terms on behalf of every Participant and warrants that they have the authority to do so.

4.2      The Booker undertakes to share these Terms and any consent form we provide with every Participant before the Booking Date, and to ensure that each Participant is given the opportunity to read and understand them.

4.3      The Booker warrants on behalf of every Participant that, to the best of the Booker’s knowledge:

(a)       each Participant is medically fit to take part in the Activity, having regard to the disclosure requirements in clause 11;

(b)       no Participant will be under the influence of alcohol or drugs at the start of, or during, the Activity;

(c)       each Participant will bring kit and clothing that meets the minimum requirements set out in clause 10 and in the kit list we provide; and

(d)       every Participant will comply with these Terms and with any reasonable instruction given by our staff.

4.4      The Booker is the principal point of contact for all matters relating to the Booking, including payment, cancellation, rescheduling and on-the-day arrangements. We are entitled to act on the instructions of the Booker as if those instructions were given by every Participant.4.5         The Booker is responsible for providing us with accurate information about every Participant, including any information we reasonably request (such as names, ages, contact details, medical declarations, emergency contacts, heights and clothing sizes).

5.      PRICE AND PAYMENT

5.1      The price for the Activity is the price we quote to you at the point of Booking, confirmed in the Booking Confirmation. Our pricing is normally a minimum-group price (covering up to a specified number of Participants) with a per-Participant rate for Participants above that number. The applicable rates will be set out in the Booking Confirmation.

5.2      A non-refundable deposit is payable to confirm every Booking. The deposit amount depends on the type of Booking and is set out in the Schedule that applies. The balance is payable not later than 14 days before the Booking Date. Where a Booking is made within 14 days of the Booking Date, the full price (deposit plus balance) is payable at the time of Booking.

5.3      Our preferred payment method is bank transfer (BACS). We may, at our discretion, accept payment by other methods (including cash) We do not accept payment by card or cheque. Our bank details will be set out in our invoice.

5.4      Where the Booker is a corporate, school or youth group customer and we have agreed in writing to issue an invoice with payment terms, payment is due in accordance with those terms. In the absence of agreed terms, the standard rule in clause 5.2 applies.

5.5      If any sum due from a corporate, school or youth group customer is not paid by its due date, we may charge interest and recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, calculated daily from the due date until payment is received in full.

5.6      We may withhold delivery of an Activity if the deposit or balance is not paid by its due date.

6.      VOUCHERS

6.1      We sell gift Vouchers through our websites. Vouchers are issued in the name of the named recipient at the point of purchase.

6.2      Vouchers are valid for 12 months from the date of purchase. The expiry date will appear on the Voucher.

6.3      Vouchers are not transferable. They may be redeemed only by the named recipient.

6.4      Vouchers are not refundable for cash, in whole or in part, save where required by law.

6.5      Lost or stolen Vouchers will be treated like cash and will not be replaced. We recommend that Vouchers are kept securely.

6.6      If the Activity for which a Voucher was issued is no longer running when you wish to redeem it, we will (at our option) (i) extend the validity of the Voucher to allow redemption against an alternative Activity, or (ii) where no suitable alternative is available, refund the Voucher to the original purchaser.

6.7      Where a Voucher is redeemed against an Activity costing more than the Voucher’s face value, the balance is payable in accordance with clause 5.

7.      INFORMATION WE SEND YOU BEFORE THE ACTIVITY

7.1      Following your Booking we will send you a kit list and other practical information by email. It is the Booker’s responsibility to share this information with every Participant and to ensure that every Participant arrives properly equipped.

7.2      If we ask you for information about Participants (including medical declarations, emergency contacts and clothing sizes), you must provide accurate and complete information by the deadlines we set.

8.      CANCELLATION BY YOU

8.1      You may cancel a Booking by giving us notice in writing. Cancellation takes effect when we receive your notice.

8.2      The deposit is non-refundable in all cases, but where you cancel with more than 6 weeks’ notice you may instead apply the deposit to an alternative Booking made within 12 months, subject to availability.

8.3      The following refund schedule applies to the balance (i.e. all sums you have paid in addition to the deposit):

(a)       more than 6 weeks before the Booking Date: 100% of the balance refunded;

(b)       between 4 and 6 weeks before the Booking Date: 75% of the balance refunded;

(c)       between 2 and 4 weeks before the Booking Date: 50% of the balance refunded;

(d)       less than 2 weeks before the Booking Date: no refund of the balance.

(e)       A Booking made within 2 weeks of the Booking Date are non-refundable on cancellation.

8.4      Where a Group Booking has been made and one or more Participants drop out but the rest of the group still attends, the group price agreed at Booking remains payable in full. You are not entitled to a refund or price reduction for the Participants who did not attend. This is because our costs are committed on the basis of the group as booked. The only exception is where the drop-outs take the group below the minimum number set out in the applicable Schedule, in which case clause 11 (Cancellation by us) applies.

8.5      A Participant who fails to attend on the day, or who arrives but is unable or unwilling to take part, is not entitled to any refund.

8.6      We may, at our absolute discretion, offer a credit note or reschedule instead of a cash refund. We may also, in genuinely exceptional circumstances, offer a more generous refund than the schedule in clause 8.3 provides. Nothing in this clause obliges us to do so.

9.      LATE ARRIVAL

9.1      Activities start at the time set out in the Booking Confirmation. Punctual arrival is important for safety, briefing and group flow.

9.2      If a Participant arrives more than 15 minutes after the scheduled start time, without having communicated with us by telephone, we cannot guarantee that they will be able to take part in the Activity, in whole or in part. The instructor’s decision is final. No refund is due in respect of any Participant who is excluded under this clause.

9.3      Where late arrival means that part of the Activity is shortened or omitted, no reduction in price applies.

10.    RESCHEDULING BY YOU

10.1    If you wish to reschedule your Booking to another date, you may do so on one occasion only, subject to availability, provided you give us at least 28 days’ written notice before the original Booking Date.

10.2    A flat administration fee of £30 applies to each reschedule, payable at the time the reschedule is agreed.

10.3  The rescheduled Activity must take place within 12 months of the original Booking Date. If it does not, the Booking will be treated as cancelled and clause 8 will apply.

10.4  Requests to reschedule made less than 14 days before the Booking Date will be treated as cancellations under clause 8.

11.    CANCELLATION OR CHANGE BY US

11.1  We may cancel or substantially change an Activity if (i) weather, water levels or other environmental conditions make the Activity unsafe in our reasonable opinion; (ii) in the case of public bookings, the group has not reached the minimum number set out in Schedule 1; (iii) an instructor or essential venue is unavailable and no reasonable substitute can be arranged; or (iv) a Force Majeure Event (clause 22) prevents or makes it unreasonable to proceed.

11.2    Where we cancel under clause 11.1, we will offer you (at your choice) (i) a full refund of all sums paid, including the deposit, or (ii) the opportunity to reschedule the Activity to a mutually convenient alternative date. Where the Activity is rescheduled, no administration fee under clause 10 applies.

11.3  We are not liable for any additional costs or losses (including travel, accommodation, time off work or related arrangements) incurred by you in connection with an Activity that is cancelled or changed under this clause.

12.    KIT AND CLOTHING

12.1    Participants must bring suitable footwear and clothing for the Activity. The kit list we send you sets out what is required.

12.2    The minimum acceptable footwear depends on the Activity but, as a general guide:

(a)       Trainers (sturdy, fully enclosed), walking boots, work boots (without steel toe caps) and wellies are acceptable.

(b)       The following footwear is not acceptable in any circumstances: Crocs (and similar slip-on or perforated shoes), beach neoprene shoes, and “barefoot” or minimalist shoes.

12.3    We provide all Personal Protective Equipment (PPE) required for the Activity, including helmets, harnesses, wetsuits and buoyancy aids as appropriate. A Participant may use their own equipment only with the instructor’s prior agreement; the instructor will not agree where the equipment is not, in their reasonable opinion, of adequate standard for safe use.

12.4    If a Participant arrives with inadequate or banned footwear, or otherwise unsuitable kit, the instructor may at their absolute discretion refuse participation on safety grounds. Where a Participant is refused for this reason, no refund is due.

13.    MEDICAL CONDITIONS, FITNESS AND AGE

13.1    The Booker must disclose to us at the point of Booking any medical condition, injury, allergy, medication, pregnancy or other matter that may affect the safety of any Participant during the Activity, whether of the Participant in question or of others.

13.2    Where a relevant medical condition is disclosed more than 60 days before the Booking Date, we will assess whether we can safely accommodate the Participant. If we conclude in our reasonable opinion that we cannot, we will offer (at the Booker’s choice) a full refund  for that Participant or a reschedule to an alternative Activity that is suitable.

13.3    Where a relevant medical condition is disclosed within 60 days of the Booking Date, we will still carry out an assessment, but our ability to refund or reschedule will depend on the circumstances and is at our absolute discretion.

13.4    Where a relevant medical condition is not disclosed at all, or is disclosed on the day of the Activity, no refund will be given if we conclude that the Participant cannot safely take part.

13.5    Some conditions (including but not limited to certain cardiac, neurological, musculoskeletal and pregnancy-related conditions) may make particular Activities unsuitable. We assess these on a case-by-case basis and reserve the right to refuse participation where, in our reasonable opinion, the Activity is not safe for that Participant.

13.6    Minimum ages apply to each Activity, as follows:

(a)       Climbing (indoor): 5 years.

(b)       Gorge walking, caving, canoeing, raft building: 7 years.

(c)       Hiking, climbing (outdoor): 8 years.

(d)       Survival skills: 10 years.

13.7    There is no maximum age. All Participants must, however, be reasonably fit and able to take part in the physical demands of the Activity.

14.    CONDUCT AND RIGHT TO REFUSE PARTICIPATION

14.1    Our instructors are responsible for the safety of every Participant. Their decisions about safety are final.

14.2    We may refuse to allow a Participant to start, or remove a Participant from, an Activity where the instructor reasonably considers that the Participant:

(a)       is under the influence of alcohol or drugs;

(b)       is behaving in a way that endangers themselves, other Participants, our staff or members of the public;

(c)       refuses to listen to or follow safety briefings;

(d)       refuses to wear or properly use safety equipment we provide; or

(e)       is otherwise in material breach of these Terms.

14.3    Where a Participant is refused or removed under clause 14.2, no refund is due, whether to the Participant or to the Booker.

14.4    Where the conduct of a group as a whole, in our instructor’s reasonable opinion, makes the Activity unsafe or unmanageable, we may end the Activity for the whole group. Clause 14.3 applies.

15.    LOSS OR DAMAGE TO OUR EQUIPMENT

15.1    We provide a range of specialist equipment for the safe and enjoyable delivery of our Activities. Participants are expected to take reasonable care of all equipment we provide.

15.2    Where any item of our equipment is lost, damaged or destroyed during an Activity as a result of the negligence or deliberate act of a Participant, the Booker is liable to us for the reasonable cost of repair or replacement (whichever is the lower), up to the full replacement value of the item.

15.3    Fair wear and tear, and loss or damage caused by the proper use of equipment in the ordinary course of the Activity, are excluded from clause 15.2.

15.4    We will notify the Booker in writing of any charge under this clause within a reasonable time after the Activity, with reasonable evidence of the loss or damage and the cost of repair or replacement. The charge is payable within 14 days of our invoice.

16.    CLEANING AND SANITATION

16.1    We provide wetsuits and other shared kit on the basis that they will be used hygienically and returned in the condition in which they were supplied, allowing for ordinary wet, muddy or dirty use.

16.2    Where a wetsuit or other item of shared kit is returned to us in a condition that requires specialist cleaning or sanitisation as a result of a Participant urinating or vomiting in or on the item, or otherwise soiling it beyond the ordinary use of the kit, the Booker will be liable for a sanitation charge.

16.3    The sanitation charge is £50 per affected item of kit, which represents the reasonable cost of professional cleaning. Where, in our reasonable opinion, the item cannot be adequately sanitised, the Booker will be liable instead for the full cost of replacement under clause 15.2.

16.4    Clause 15.4 applies to any sanitation charge under this clause 16.

17.    PHOTOGRAPHY AND IMAGE USE

17.1    We take photographs and video footage during an Activity for operational and safety purposes (for example, to evidence safe practice or to support an incident investigation). This processing is carried out on the basis of our legitimate interests and is detailed in our Privacy Policy.

17.2    We may also use photographs and video featuring Participants for marketing purposes (including on our websites, on social media and in printed marketing materials). We will only do this where the Participant (or, in the case of a Participant under 18, their parent or guardian) has given us specific opt-in consent on our consent form.

17.3    Where consent has been given, it may be withdrawn at any time by writing to us. On receipt of a withdrawal, we will remove the image from any marketing material under our direct control as soon as reasonably practicable. We are not required to recall historic uses (such as printed materials already in circulation) or content reposted by third parties.

17.4    We retain marketing images for up to 3 years from the date of collection, or until consent is withdrawn, whichever is sooner. Operational/safety images are retained in line with our Privacy Policy.

17.5  On request and at our discretion, we may share event photographs with the Booker for personal use by Participants. Participants may not use those images commercially without our written consent.

18.    INSURANCE AND SAFETY

18.1    We hold the following insurance cover (or substantially equivalent cover) with Activity Industry Mutual:

(a)       Public Liability and Products Liability: £5,000,000 each and every occurrence;

(b)       Employers’ Liability: £10,000,000 each and every occurrence;

(c)       Professional Indemnity: £100,000 in the aggregate.

18.2    We carry out documented risk assessments for every Activity and venue. Copies of our risk assessments are available to corporate, school and youth group bookers on request.

18.3    It remains the Booker’s responsibility to ensure that Participants have suitable personal insurance for any losses to their own property or for any other matters not covered by our insurance.

19.    OUR LIABILITY TO YOU

19.1    Nothing in these Terms excludes or limits 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; or

(c)       any other liability that cannot lawfully be excluded or limited, including under the Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977.

19.2    Subject to clause 19.1, our total liability arising out of or in connection with a Booking, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total amount paid by the Booker to us for that Booking. For the avoidance of doubt, this clause 19.2 does not cap or limit our liability for death or personal injury caused by our negligence. That liability is unlimited and is covered by our public liability insurance.

19.3    Subject to clause 19.1, we are not liable for:

(a)       any indirect, special or consequential loss;

(b)       any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of goodwill or loss of data;

(c)       any loss of or damage to personal property (including but not limited to clothing, jewellery, phones, cameras, watches and money), except where caused by our negligence;

(d)       any loss or damage caused by a Force Majeure Event.

19.4    Adventure activities carry inherent risks. By taking part you acknowledge those risks and accept that they cannot be entirely eliminated. Nothing in this clause 19, however, affects our duty to take reasonable care for your safety.

20.    NO STATUTORY COOLING-OFF PERIOD

20.1    The Activities are leisure services to be provided on a specific date. As such, the 14-day right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply (see regulation 28(1)(h)).

20.2    Your rights to cancel are set out in clause 8 of these Terms. Nothing in this clause affects your statutory rights under the Consumer Rights Act 2015 (in particular, the right to services performed with reasonable care and skill).

21.    COMPLAINTS

21.1    If you have a complaint, please raise it with us in writing at the contact details in clause 1.6. We will acknowledge your complaint within 5 working days and aim to provide a substantive response within 28 days.

21.2    We do not participate in any alternative dispute resolution (ADR) scheme. If we cannot resolve a complaint to your satisfaction, you have the right to bring legal proceedings; nothing in these Terms affects that right.

22.    FORCE MAJEURE

22.1    Neither party is liable for any failure or delay in performing its obligations under these Terms where that failure or delay is caused by an event beyond its reasonable control, including (without limitation) extreme weather, flood, drought, fire, earthquake, storm, epidemic or pandemic, act of war or terrorism, civil disorder, government action, the closure or unavailability of a venue beyond our control, or transport disruption (a Force Majeure Event).

22.2    Where a Force Majeure Event prevents or makes it unreasonable for us to deliver an Activity, clauses 11.2 and 11.3 apply.

23.    OTHER SUPPLIERS’ TERMS – OUR TERMS PREVAIL

23.1    These Terms are the only terms on which we contract with you. They prevail over any terms or conditions you may seek to introduce (including any school, employer, procurement or purchase-order terms attached to a booking request, purchase order or other communication).

23.2    No terms put forward by you will form part of the contract between us unless we have expressly agreed to them in writing, signed by an authorised representative of Always Outdoors Ltd. Our silence in the face of any such terms does not constitute acceptance of them.

24.    DATA PROTECTION

24.1    We process personal data about Bookers and Participants in accordance with our Privacy Policy, which is available on our websites. Our Privacy Policy explains what data we collect, what we use it for, how long we keep it, who we share it with, and your rights.

24.2    We are registered with the Information Commissioner’s Office.

25.    GENERAL

25.1    Notices. Any notice given under these Terms must be in writing and sent to the email or postal address in clause 1.6 (in our case) or to the address you have given us at the time of Booking (in your case).

25.2    Variations. No variation of these Terms is binding unless agreed in writing by both parties.

25.3    Severability. If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, or if that is not possible, deleted. The remaining provisions continue in full force.

25.4    Entire agreement. These Terms (together with the Booking Confirmation and any applicable Schedule) constitute the entire agreement between us and supersede all previous agreements, understandings and arrangements between us in relation to the Booking.

25.5    Assignment. You may not assign or otherwise transfer your rights under these Terms without our prior written consent. We may assign or subcontract any of our rights or obligations under these Terms.

25.6    No third-party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of them.

25.7    Governing law. These Terms and any dispute or claim arising out of or in connection with them are governed by the law of England and Wales.

25.8    Jurisdiction. The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, save that nothing in this clause prevents either party from bringing proceedings to enforce a judgment in any other competent jurisdiction.

Schedule 1.  PUBLIC AND PERSONAL BOOKINGS

S1.1    This Schedule applies to consumer Bookings that do not fall within Schedules 2 (Celebration, Stag and Hen Bookings), 3 (Corporate Bookings) or 4 (School and Youth Group Bookings). It includes (without limitation) Bookings by individuals for themselves, families, groups of friends, birthday celebrations and similar personal occasions. .

S1.2    Deposit. A deposit equal to the cost of one Participant is payable to confirm the Booking.

S1.3    Balance. The balance is payable not later than 14 days before the Booking Date.

S1.4    Minimum group size. We require a minimum of 4 Participants for public Activities. If the group falls below this number, we may cancel under clause 11.1, in which case clause 11.2 applies.

S1.5    Late arrival. The 15-minute late-arrival rule in clause 9 applies to all Public and Family Bookings.

S1.6    Booker’s responsibilities. The Booker is responsible for sharing these Terms (including this Schedule) with every Participant before the Booking Date, and for ensuring that every Participant is properly equipped and medically fit to take part.

Schedule 2.  CELEBRATION, STAG AND HEN BOOKINGS

S2.1    This Schedule applies where the Booker is making a Booking for a stag party, hen party or similar group celebration.

S2.2    Single Booker. One Booker contracts with us on behalf of the whole group. The Booker is responsible for all payments and for all communication with us about the Booking.

S2.3    Deposit. A deposit equal to the cost of one Participant is payable to confirm the Booking. Balance: as clause 5.2.

S2.4    Sharing these Terms. The Booker must share these Terms (including this Schedule) and our consent form with every Participant before the Booking Date. Each Participant will be asked to complete a consent form on or before the day of the Activity.

S2.5    Surprise bookings. Where the principal Participant (the stag or hen) is to be kept unaware of the Booking before the day, the Booker warrants that:

(a)       the principal Participant is, to the best of the Booker’s knowledge, medically fit to take part in the Activity;

(b)       the principal Participant has consented in principle to taking part in an activity of this general nature on the day in question; and

(c)       the Booker has obtained, or will obtain, any medical or other information about the principal Participant that we reasonably require, without spoiling the surprise.

S2.6    On-the-day drop-outs. Where a Participant fails to take part for any reason on the day (including, for the avoidance of doubt, where the Participant is unable or unwilling to take part as a result of the previous night’s activities), no refund is due to the Booker or the Participant, and the booked group price remains payable in full.

S2.7    Behaviour. Stag and hen Activities, like all our Activities, are run on a strictly sober basis. Clause 14 (Conduct and right to refuse) applies. Where a Participant or the group as a whole is refused or removed under clause 14, no refund is due.

Schedule 3.  CORPORATE BOOKINGS

S3.1    This Schedule applies where the Booker is a company, partnership, public sector body or other organisation making a Booking for staff or guests (for example, a team-building or away-day Booking).

S3.2    The Booker contracts with us in its own name and on its own behalf, and is responsible for all payments due under the Booking. Where an individual makes the Booking, they warrant that they have authority to bind the organisation.

S3.3    Deposit. A deposit equal to 30% of the total Booking price is payable to confirm the Booking.

S3.4    Balance. The balance is payable not later than 14 days before the Booking Date unless we agree in writing to issue an invoice on different terms.

S3.5    Invoicing. We will issue an invoice for the Booking. The Booker will pay each invoice within the period stated on the invoice. Clause 5.5 (statutory interest on late payment) applies in full.

S3.6    Our terms prevail. Clause 23 (Other suppliers’ terms, our terms prevail) is particularly relevant to Corporate Bookings. Any purchase-order terms, procurement terms or standard supplier terms put forward by the Booker do not form part of the contract unless we have agreed to them in writing.

S3.7    Booker’s responsibilities.  

• The Booker is responsible for sharing these Terms with every Participant before the Booking Date. 
• On receipt of the deposit, we will send the Booker our consent form. Every Participant must complete a consent form. The Booker is responsible for distributing the form to Participants and returning the completed forms to us, together with the Participant information listed in clause S3.7(c) at least 14 days prior to the Booking Date.
• The Participant information we need is name, age, medical declaration, dietary requirements, emergency contact information, and clothing sizes for any kit we are providing.
• Any medical condition that may affect safe participation must in any event be disclosed at the point of Booking, whether or not the consent form has yet been returned (see clause 13).

Schedule 4.  SCHOOL AND YOUTH GROUP BOOKINGS

S4.1    This Schedule applies where the Booker is a school, college, home-education group, scout or guide group, sports team, religious group, or any similar youth or youth-supporting organisation making a Booking on behalf of young Participants.

S4.2    Contracting party. The Booker contracts with us in its own name and on its own behalf as the organisation responsible for the young Participants during the Activity. Where an individual member of staff makes the Booking, they warrant that they have authority to bind the organisation.

S4.3    Loco parentis. The Booker confirms that:

• it stands in loco parentis to the young Participants for the duration of the Activity; and
• It holds or will hold before the Booking Date, written parental or guardian consent for each young Participant to take part in the Activity, signed by a person with parental responsibility for that young Participant.
• We may ask the Booker to provide us with a copy of the parental or guardian consent held for one or more young Participants, and the Booker will do so promptly on request. We will treat any consents shared with us in accordance with our Privacy Policy.

A Booker that does not hold such consent agrees that the Activity may not proceed until such consent is obtained.

S4.4    Information required. The Booker must provide the following information to us at least 14 days before the Booking Date:

(a)       a list of all young Participants, with names and ages;

(b)       medical declarations for each young Participant (including allergies, medications and any condition that may affect safe participation);

(c)        a copy of any written care plan, health-care plan, or medical management plan that the Booker holds for a young Participant with a medical condition or additional need (including any care plan relating to allergies, epilepsy, diabetes, asthma, ADHD, autism or similar);

(d)       an emergency contact for each young Participant;

(e)       the names of the adults from the Booker who will accompany the group;

(f)        heights and clothing sizes for each young Participant (to ensure appropriate kit can be issued); and

(f)        signed parental or guardian consent for each young Participant.

S4.5     Instructor and supervision ratios. Our instructor-to-Participant ratios for each Activity are based on activity-specific risk assessment and apply during the delivery of the Activity. We will confirm the applicable ratio when we confirm your Booking. Supervision of young Participants at any other time (including arrival, breaks, changing, transitions, and at any other time they are not in direct delivery of an Activity by our instructor) is the Booker’s responsibility. The Booker must provide sufficient accompanying adults to discharge its safeguarding obligations in accordance with its own protocols and any guidance that applies to it.

S4.6    Deposit. A deposit equal to 30% of the total Booking price is payable to confirm the Booking. Balance: as clause 5.2.

S4.7    Our terms prevail. Clause 23 applies. Where the Booker is a state school, college, local authority or similar body, the parties acknowledge that procurement terms or standard educational supplier terms put forward by the Booker do not form part of the contract unless we have expressly agreed to them in writing.

S4.8  Participant consent. While the Booker contracts with us, we will ask each adult Participant (where relevant) and each young Participant’s parent or guardian (via the consent form) to acknowledge the relevant elements of these Terms before the Activity, in line with clause 4.2.