TERMS AND CONDITIONS FOR FOREST SCHOOL
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
A. to provision of Forest School (as defined in Clause 1 below) by Woodland Wellness. Company registered in the UK under number 13318558 at Beacon Hill, Little Baddow, Chelmsford, CM3 4RT (“Us”); and
B. where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business”
means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer”
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from Us consisting of one or more Forest School sessions for the individual’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Forest School session”
means any group session at which We provide or lead any including any teaching, or instruction and all facilities, services, equipment, and other goods and materials which we provide/use in connection with any such Forest School session;
“Our premises”
means the premises at which We hold Forest School sessions which is the same address as above but in Clause 3.18 it means “business premises” as defined in the Regulations;
“Price List”
means Our standard price list for all Forest School sessions which We offer. The list of Forest School sessions and their prices is available from the website;
“Consent Form”
means the consent form that We provide to You for You to attend sessions;
“Regulations”
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“We/Us/Our”
means Woodland Wellness whose place of business and contact address is the same address as above and includes all Our staff (employees and agents); and
“You/Your”
means an individual to whom We agree to provide any Forest School sessions.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular number shall include the plural and vice versa; and
1.5 References to any gender shall include the other gender.
2. Consent Form
2.1 In order to attend any Forest School Session You first have to complete the Consent Form and agreeing in that Form to these Terms and Conditions.
2.2 The details that You provide and confirm in the Consent Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the forest school, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions.
2.3 You may book and attend a Forest School session only once We have accepted Your Consent Form [in writing]. Acceptance of that means that We agree that You may then (but not otherwise) attend a Forest School session. Our decision whether or not to accept Your application is in Our absolute discretion.
2.4 Upon Our acceptance of Your Consent Form and confirmation that We accept Your application there will be a contract between You and Us on these Terms and Conditions.
3. Booking and Cancellation of Forest School, Expulsion, and Consumer Rights
3.1 You must be 18 or over and a “Consumer” to book, however children can attend any Forest School session accompanied by an adult.
3.2 A Forest School Session and Your place in that Forest School Session is subject to availability. No priority is given, and places in a Forest School session are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Forest School Session unless You book and pay for the Forest School session for that particular time and date.
3.3 You may book a Forest School session in person, by email, by phone or through Our website on-line booking system.
3.4 We will only provide a Forest School session to You if You have pre-booked and paid for it. If it is already fully booked when you request a booking, We can add You to a wait list for it. We may then be able to offer You the opportunity to book, pay for and participate in a Forest School session if a wait list space for it becomes available due to another person cancelling a booking. If We tell You of such an opportunity by phoning You after We have placed You on a wait list You will then need to book and pay for the Forest School session and be at Our premises no later than 5 minutes before the Forest School session start time.
3.5 When you book and pay for any Forest School session You must book (or, as set out in sub-Clause 3.10 below, rebook to replace any booked Forest School Session cancelled) for a date which is no more than two months after the date when You make and pay for that booking or rebooking. A Forest School session not booked (or rebooked) and taken within that period will be lost and, unless You cancel it and are entitled to a refund under these Terms and Conditions in that case, We will not refund any payment You have made for it.
3.7 Your request for a booking for a Forest School Session will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request to book a particular Forest School Session and You have paid for it, will there be a binding contract between You and Us for that Forest School Session.
3.8 When You book any Forest School Session, We will require You to pay Us in advance for it, and We will be entitled to keep some or all of that payment as set out in sub-Clause 3.11 below if You later cancel the Forest School without giving Us prior notice of at least 24 hours.
3.9 We may treat a Forest School Session that You have booked as cancelled by You without notice to Us if You do not attend any of the Forest School Session. We may then (but We are not obliged to) give Your place in the Forest School Session that You cancelled to any wait-list or drop in customer. We may decide to make a charge to You for that cancelled Forest School Session, and sub-Clause 3.11 below will apply.
3.10 You may cancel a Forest School Session without charge if You give Us at least 24 hours prior notice of the cancellation, and if You do so We will refund to You any sum You paid in advance unless when You cancel You ask to rebook for a later, substitute, Forest School instead and We accept that substitute booking.
3.11 If You do not give Us at least 24 hours prior notice of cancellation of a Forest School Session, We will be entitled to charge You for any net financial loss up to the full price of that Forest School Session that We suffer due to Your cancellation. We will be entitled to deduct that charge from any sum You paid in advance for that Forest School Session, and We shall refund any balance to You.
3.12 If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Forest School Session without giving Us at least 24 hours prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.9 or 3.11.
3.13 We may cancel a Forest School Session booked by You at any time before the time and date of that Forest School Session in the following circumstances:
3.13.1 The required minimum number of people for the Forest School Session have not booked for that Forest School Session; or
3.13.2 The required Forest School Leader necessary for the Forest School Session is not available; or
3.13.3 An event described in sub-Clause 9 below occurs and continues for more than 24 hours, or
3.13.4 We find that you are not a “Consumer” (as defined in Clause 1 above).
If We cancel a Forest School Session in such circumstances We will refund to You in full the payment that You have made to Us for that Forest School Session.
3.14 We will use all reasonable endeavours to start the Forest School Session that You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Forest School Session or by other circumstances. If a delay to the start is at least 20 minutes, or, if at any time before or after You arrive for a Forest School Session We notify You that there will be a delay of at least that time, You may cancel the Forest School Session and We will refund to You in full the payment that You have made to Us for that Forest School Session.
3.15 Forest School Sessions prices and Forest School Leaders are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.
3.16 We reserve the right to expel You from any Forest School Session if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that Forest School Session or who are in any other Forest School Session being held then or to be held subsequently. You will not be entitled to any refund for a Forest School started but not completed due to such expulsion.
3.17 Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.17, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel a booked Forest School Session during the 14 day period after We accept that booking, but if the booking includes any Forest School Session on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Forest School Session in that 14 day period and We do so, You may not cancel that requested Forest School Session and You must pay for it in accordance with Clause 4, and You may only cancel any other Forest School Session covered by that booking. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 3.17, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Forest School session(s) covered by that booking that We have provided.
4. Fees and Payment
4.1 You must pay in accordance with Our Price List for all Forest School Sessions that We fully and correctly provide to You.
4.2 You may pay Us for Forest School Sessions using any of the following methods:
4.2.1 Using Our Online Booking System;
4.3 We may alter Our prices without prior notice, but if the price of any Forest School increases between the time when You book it and the date of the Forest School Session, the price increase will not apply to You for the Forest School session on that date.
5. Eligibility to take a Forest School Session
5.1 We only make any Forest School Session available to a “Consumer” (as defined in Clause 1 above), and Your completion of a Consent Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Forest School Session. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Forest School Sessions.
6 Health and Safety
6.1 you acknowledge that certain Forest School Sessions may be physical and involves being in nature and You agree that You voluntarily participate in such Forest School Sessions with full knowledge that even if We and the relevant Forest School Leader is not negligent there is a risk of personal injury to yourself or your child or illness arising from Your participation in such a Forest School Session.
6.2 Certain Forest School Sessions may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
6.3 You must ensure that you are fit and well enough to participate in any Forest School Sessions that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
6.4 If You have any concerns about Your health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Forest School Session. We cannot and do not provide any such advice.
6.5 You agree that when You consent and when You book and attend any Forest School Session that will be Your confirmation that You have no health problems which may affect your participation in any Forest School Session.
6.6 When You request a booking for a Forest School Session and at least 48 hours before You attend any Forest School Session, if You tell Us at that time about any medical, health issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.
6.7 If You do not tell Us before a Forest School Session of anything referred to in sub-Clause 6.5 or 6.6 that We then discover, We will be entitled not to provide some or all of a Forest School Session booked and to treat the Forest School Session (or the affected part of it) as cancelled by You without notice, in which case We may make a charge to You for the cancelled Forest School Session (or part of it) as set out in sub-Clause 3.11 above.
6.8 You must not attend any Forest School Sessions when under the influence of alcohol or illegal drugs.
6.9 You should arrive at least ten minutes prior to the start time of a Forest School Session to allow for a prompt start. If You know You are going to be late for a Forest School Session, You should contact Us to tell Us as soon as You can before the Forest School start time.
6.10 In the event of a fire, You should make your way to the nearest available exit with all possible speed and assemble at a safe distance from Our premises so that We may take a roll-call of all those at Our premises. The assembly point is in the carpark/driveway at the front of the building.
7. Rules
7.1 Mobile phones should be switched to silent mode during a Forest School Session;
7.2 Long trousers and long sleeved tops and sturdy shoes must be worn at all times.
7.3 Cars must be parked on Beacon Hill property and not on The Ridge.
8. Events beyond our reasonable control
8.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.
8.2 If any event described under sub-Clause 8.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Forest School Sessions as necessary. You may, without liability to Us, cancel any Forest School Session(s) which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Forest School Session(s).
9. Limitation of Liability
9.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 We provide or sell all Forest School Sessions to You only for Your personal and private use/purposes. We make no warranty or representation that any clothing or other goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.3 Each of Our Forest School Leaders is appropriately qualified to conduct the particular Forest School Session which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical, health, or fitness professional or therapist.
9.4 If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest or visitor to Our premises even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our premises.
9.5 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
9.6 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
9.6.1 the Consumer Rights Act 2015;
9.6.2 the Regulations;
9.6.3 the Consumer Protection Act 1987; or
9.6.4 any other consumer protection legislation
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
10. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
11. How We Use Your Personal Information (Data Protection)
We will only use Your personal information as set out in Our Privacy Notice.
12. Regulations
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your consent and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
13. Information
As required by the Regulations:
all of the information described in Clause 13; and
any other information which We give to You about any Forest School Sessions or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Forest School Sessions
will be part of the terms of Our contract with You as a Consumer.
14. Complaints
We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Forest School session or any other complaint about Us or any of Our staff, please raise the matter with Jennifer Doggett who can be contacted at Our premises.
15. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
16. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
17. Law and Jurisdiction
17.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.