These terms and conditions specify the services to be provided by THE CAMP (SCOTLAND) LIMITED to you the client, they outline our responsibilities to you and provide a point of reference for any dispute that may arise. These terms and conditions also outline your responsibilities to THE CAMP (SCOTLAND) LIMITED.
2 Definitions and interpretation
2.1 The following terms shall have the following meanings for the purposes of this agreement:
2.1.1 ‘Conditions’ means the provisions contained in clauses 3 to 11
2.1.2 ‘Currency’ means pounds sterling;
2.1.3 ‘Notice’ means notice complying with the terms of clause 10.6;
2.1.4 ‘Payments’ means the amounts listed in the payments document included in the information and booking pack;
2.1.5 ‘Services’ means those specified in clause 3.1;
2.1.6 ‘Term’ means from the Date of deposit until completion of your course.
2.1.7 ‘The Camp’ means THE CAMP (SCOTLAND) LIMITED company number SC366973.
2.2 Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
2.3 All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter sinular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties.
3 The Camp’s obligations
3.1 Services to be provided by The Camp
The provision of a 7 day residential course with the aims of burning fat and developing muscle tone, the cost of the course includes all meals, accommodation, instruction, specialist equipment. The cost of the course does not include travel to The Camp or personal clothing that you will require for the duration of the course, but does include transfers from Glasgow Airport, Prestwick Airport or Dumfries Railway Station.
3.2.1 Not at any time during or after the Term to divulge or allow to be divulged to any person or make use of any confidential information relating to the Client other than to persons who have signed a secrecy undertaking in a form approved by the Client.
3.2.2 Not to permit any person to assist in the provision of the Services unless such person has signed such an undertaking.
Not to delegate any duties or obligations arising under this agreement otherwise than may be expressly permitted under its terms.
To indemnify and keep indemnified the Client from and against any and all loss damage or liability (whether criminal or civil) suffered by the Client resulting from a breach of this agreement by the The Camp including:
3.4.1 Any act neglect or default of the The Camp’s employees or agents; or
3.4.2 Breaches in respect of any matter arising from the supply of the services resulting in any successful claim by any third party.
3.5.1 To maintain at its own cost a comprehensive policy of insurance to cover the liability of the The Camp in respect of any act or default for which it may become liable to indemnify the Client under the terms of this agreement.
3.6 Notice To comply with the terms of any Notice specifying a breach of the provisions of this agreement and requiring the breach to be remedied so far as it may be but nothing in this clause is intended to require the Client to serve notice of any breach before taking action in respect of it.
4 The Client’s obligations
In consideration of the services to be rendered by the The Camp under this agreement the Client agrees:
4.1 To make the Payments promptly and
4.2 Return fully completed & signed booking, medical and next of kin forms to the office within a week of booking a place on The Camp and
4.3 Abide by any rules or instruction laid down by The Camp in regards to safety or proper practice.
4.4 It is recommended that the client takes out adequate insurance to cover cancellation, travel disruption or illness.
The Client may cancel this agreement at any time with the following provisions:
5.1 If cancellation is received with more than 4 weeks to the beginning of the course all monies less the deposit will be refunded.
5.2 If cancellation is received with less than 4 weeks to the beginning of the course no refund will be made. However under circumstances a priority booking can be made on a future course at a discounted rate.
6.1 The client shall pay to the The Camp a deposit of £495.00 when booking a week at The Camp (Scotland & Spain) and for The Flexi-Camp a deposit of £250.00 is payable.
7 No liability on part of the The Camp unless The Camp In default
The Camp shall not be liable to the Client for the death of or injury to the Client or loss or damage to the Client’s property unless due to the negligence or other failure of The Camp to perform its obligations under this agreement or under the general law.
8 Termination for breach
The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately and the rights and liabilities of the parties shall then be determined in accordance with clause 9:
8.1 Failure on the part of the Client to make punctual payment of all sums due to The Camp under the terms of this agreement:
8.2 Failure on the part of The Camp to observe any obligation under this agreement not requiring Notice to be served and in the case of obligations requiring Notice to be served failure to comply with the terms of any Notice;
8.3 The doing or permitting of any act by which The Camp’s rights in the Intellectual Property may be prejudiced or put in jeopardy;
9 Termination consequences
In the event of this agreement being determined whether by effluxion of time Notice breach or otherwise:
9.1 The Client shall immediately pay to the The Camp all arrears of Payments and any other sums due under the terms of this agreement.
Each of the parties warrants its power to enter into this agreement.
10.2 Receipt The receipt of money by either of the parties shall not prevent either of them from questioning the correctness of any statement in respect of such money.
10.3 Force majeure
Both parties shall be released from their respective obligations in the event of national emergency war prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this agreement impossible.
If any provision of this agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable or indications to that effect are received by either of the parties from any competent authority the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of The Camp it may be severed from this agreement (or) the remaining provisions of this agreement shall remain in full force and effect unless The Camp in The Camp’s discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event The Camp shall be entitled to terminate this agreement by 30 days’ notice to the Client and the provisions of clause 9 shall apply accordingly.
10.5 Change of address
Each of the parties shall give notice to the other of the change or acquisition of any address or telephone telex or similar number at the earliest possible opportunity but in any event within 48 hours of such change oracquisition.
All notices to be given under this agreement shall be in writing and shall either be delivered personally or sent by first class or airmail prepaid post or by telex, cable or facsimile transmission and shall be deemed duly served:
10.6.1 In the case of a notice delivered personally, at the time of delivery;
10.6.2 In the case of a notice sent inland by first class prepaid post, 2 clear business days after the date of dispatch;
10.6.3 In the case of a notice sent overseas by airmail, 7 business days (being business days in the place to which the notice is dispatched) after the date of dispatch; and
10.6.4 In the case of a telex, cable or facsimile transmission, if sent during normal business hours then at the time of transmission and if sent outside normal business hours then on the next following business day provided (in each case) that a confirmatory copy is sent by first class prepaid post or by hand by the end of the next business day. Each notice shall be addressed to the address of the party concerned set out in this agreement or to such other address as that party shall have previously notified to the sender.
10.7 Proper law and jurisdiction
10.7.1 This agreement shall be governed by Scottish law in every particular including formation and interpretation and shall be deemed to have been made in Scotland.
10.7.2 Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in Scotland.
10.7.3 The submission by the parties to such jurisdiction shall not limit the right of The Camp to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate.
10.7.4 Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with clause 10.4.
10.8 Rights cumulative
All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this agreement shall restrict or prejudice the exercise of any other right granted by this agreement or otherwise available to it.
10.9 Survival of terms
No term shall survive expiry or termination of this agreement unless expressly provided.
The failure by either party to enforce at any time or for any period anyone or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
Each of the parties shall pay any costs and expenses incurred by it in connection with this agreement.
10.12 Third party rights
A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.
All literature and course material produced by The Camp, including, but not exclusive to websites, forms, images and graphics are the sole property of The Camp and may not be copied or duplicated for either personal or commercial use.
10.14.1 The Camp may from time of time employ or allow a 3rd party to employ photographers or film makers to take photographs or film of the course. This may be used in media publications, on television or for The Camp’s own PR, this includes The Camp’s website and newsletters.
10.14.2 The Camp will inform clients when there will be photographers or film makers on the course.
10.14.3 If the client does not wish to appear in photographs or on film then they should inform The Camp in writing.
10.14..4 The client will not produce content for media, written or otherwise without the written permission of The Camp.
10.15.1 The client shall not at any time during or after the term use information gained from The Camp for commercial purposes or financial gain.
10.15.2 The client shall not at anytime during or after the term divulge personal information of other clients at The Camp.
All disputes or differences which at any time arise between the parties whether during the Term or afterwards touching or concerning this agreement or its construction or effect or the rights duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of this agreement shall be referred to a single arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Chartered Institution of Arbitrators in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment of it for the time being.
For more information, please contact: firstname.lastname@example.org
Tel: 0800 335 7672 / +44 (0) 7879 555 041
Dumfries Enterprise Park
Tinwald Downs Road
Dumfries, Dumfries & Galloway DG1 3SJ