Agreement between The Student and NLSSM - The School of Sports Massage

1. Student’s obligations 

1.1. The Student shall:

1.1.1. Ensure that the terms of the Order and any information it provides in the Application Form are complete and accurate;
1.1.2. Co-operate with the School in all matters relating to the Services;
1.1.3. Provide the School with such information and materials as the School may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects; 
1.1.4. Obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start;
1.1.5. Comply with the School’s reasonable regulations from time to time applicable at any location or in connection with the supply of the services.
1.1.6. At all times to conduct him/herself in compliance with the Professional Conduct Regulations Schedule at Schedule 1 which are designed for the benefit of all students and their teachers to maximise efficiency and good environment. 
1.1.7. Ensure that at all times the Student has adequate Personal Liability insurance not less than £2,000,000.00 to cover Student against any liability to third parties for injuries incurred due to the Student’s negligence when conducting practice sessions on teachers/other students as part of the Course.  

1.2. If the School’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Student or failure by the Student to perform any relevant obligation:

1.2.1. the School shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Student remedies the Student Default, and to rely on the Student Default to relieve it from the performance of any of its obligations to the extent the Student Default prevents or delays the School’s performance of any of its obligations;
1.2.2. the School shall not be liable for any costs or losses sustained or incurred by the Student arising directly or indirectly from the School’s failure or delay to perform any of its obligations; and 
1.2.3. the Student shall reimburse the School on written demand for any costs or losses sustained or incurred by the School arising directly or indirectly from the Student Default.

2. Charges and payment

2.1. The Charges for the Services shall be as set out on the School’s website or otherwise in accordance with the School’s standard scale of charges in force at the Commencement Date. 
2.2. The Student’s place on the Course will not be confirmed until both the Application Form and deposit have been received by the School. If the Course is being booked less than 30 days prior in advance, the full Charges of the Course will need to be paid to the School. 
2.3. If a deposit has been paid at the time of booking, the balance of the Charges for the Services can be paid by way of a single lump sum which is payable a minimum of 30 days prior to the course commencement date or by monthly installments. 
2.4. The School will apply an administration fee of £100.00 where the Student elects to pay by installments. 
2.5. Where payments are made by agreed installments and those installments have not been paid on the due date, the School reserves its right to withhold the release of examination results and/or delay the marking of course work until outstanding sums are paid. Additionally the School reserves the right to suspend access to online accounts and/or treat the Course as being canceled and offer the place to another student. 
2.6. If the School treats the Course as canceled under clause 9.3 the Student will not be entitled to any refund in respect of fees already paid. 
2.7. The School reserves the right to charge interest on late payments at a rate of 4% above the base rate from time to time of HSBC Bank (or other UK clearing bank). Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Student shall pay the interest together with the overdue amount. If the Student has enrolled as a business, the School additionally reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
2.8. If an organisation is paying the fees on behalf of a Student, payment must be made in full accompanied by the application form at least 30 days before the commencement of the Course.  Placement on a Course is not guaranteed until payment has been received from the organisation.
2.9. The School reserves the right to vary the Charges to accord with any charges in the School’s standard scale of charges at any time before the period of 30 days immediately preceding any Supply and give written notice of such variation to the Student.  The Contract shall be deemed to be varied accordingly by such notice of variation unless the Student shall within 14 days of the receipt of such notice terminate the Contract by giving notice in writing to the School in which event neither party shall have any liability to the other in respect of such termination.
2.10. All amounts payable by the Student under the Contract are inclusive of amounts in respect of value added tax chargeable for the time being (VAT). 
2.11. The Student shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The School may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Student against any amount payable by the School to the Student.

3. Intellectual property rights 

3.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the School. 
3.2. The Student acknowledges that, in respect of any third party Intellectual Property Rights, the Student’s use of any such Intellectual Property Rights is conditional on the School obtaining a written licence from the relevant licensor on such terms as will entitle the School to license such rights to the Student. 
3.3. All School materials are the exclusive property of the School.

4. Confidentiality

4.1. Any Course materials provided to the Student are for the Student’s own personal, non-commercial use only. 
4.2. The Student agrees not to redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license any of the materials. 

5. Limitation of liability 

5.1 Nothing in these Conditions shall limit or exclude the School’s liability for:

5.1.1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
5.1.2. fraud or fraudulent misrepresentation; or
5.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
5.1.4. the School shall under no circumstances whatever be liable to the Student, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
5.1.5. the School’s total liability to the Student in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the fee paid to the School. 

5.2. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract. 

5.3. This clause 5 shall survive termination of the Contract.

6. Termination

6.1. Unless cancelled by either party the Contract will automatically terminate on the Course finish date. 
6.2. Unless otherwise permitted by the School in writing forthwith upon the termination of the Contract the Student shall return to the School any Equipment or other materials belonging to the School and all documentation and/or copies of the whole or any part thereof or, if requested by the School, shall destroy the same (in the case of electronic storage by erasing the from the magnetic media on which they are stored) and certify in writing to the School that they have been destroyed.

7. Your rights to cancel and applicable refund

7.1. Before the Course begins, the Student has the following rights to cancel an Order for Services:

7.1.1. The £500 deposit paid is non-refundable.

7.1.2 The Student may cancel an application up until the commencement date of the course by contacting the School. If the student cancels an application before the commencement date of the course, the School will retain £500 deposit paid and the Student will not be liable for the full course costs.  

7.1.3. If the Student cancels an application and the course has already started the Student is liable for the full fee of the course.

7.2. The Student may cancel the contract for Services with immediate effect by giving the School written notice if:

7.2.1. The School goes into liquidation or a receiver or an administrator is appointed over its assets;

8. Transfers

8.1. Students may transfer to a later diploma course with no charges no less than 4 weeks before the start date of their original course. This is only offered once.

8.2. If you wish to change to a later course within 4 weeks of your original course start date, but no less than two weeks before the start date of the riginal course, you will be charged an administration fee of £100 to do so.

8.3. There are no transfers allowed within 2 or fewer weeks before the start date of your course. If a student wishes to do this they will be charged the full transfer fee of £500. And only if there is space available on another course.

8.4. Once the course has commenced, Students will only be allowed to transfer to another course at the discretion of the School Principal and only if there is space available.  The School is not obliged to agree to a transfer. If a transfer is necessary the Student will be required to pay a transfer fee of £500.00. This fee must be paid before the transfer. 

9. Our rights to cancel and applicable refund

9.1. If the School may have to cancel an Order before the commencement of the Course due to an Event Outside its Control or the unavailability of key personnel or key materials without which it cannot provide the Services. The School will promptly contact the Student if this happens. 

9.1.1.If the School has to cancel an Order and the Student has made any payment in advance for Services that have not been provided to the Student, the School will refund these amounts to the Student.
9.1.2.Where the School has already started work on the Order by the time it has to cancel, the School will not charge the Student anything and the Student will not have to make any payment to the School.

9.2. Once the Course has commenced, the School may cancel the contract for the Services at any time by providing the Student with at least 30 calendar days’ notice in writing. If the Student has made any payment in advance for Services that have not been provided to the Student, the School will refund these amounts to the Student. 
9.3. The School may cancel the contract for Services at any time with immediate effect by giving the Student written notice if:

9.3.1. The Student does not pay the School when you are supposed to. This does not affect the School’s right to charge the Student interest.
9.3.2. The Student breaks the contract in any other material way and does not correct or fix the situation within 30 days of the School asking the Student to do so in writing.

10. Suspension

10.1. In addition to terminating the Contract, in the event of any Student being in breach of the School’s regulations for the time being and/or otherwise under the Terms, the School may in the exercise of its reasonable discretion suspend the Student from attendance at any session or Course, pending:-

10.1.1.the Student remedying the breach;
10.1.2.the Student’s payment of any sum of money due to the School under the Contract payment of which is outstanding under the Terms;
10.1.3.the Student’s written acknowledgement of default reasonably requested by the School together with an undertaking not to permit any recurrence or further breach;
10.1.4.the School’s investigation of circumstances involving the Student which may result in establishing the existence of a breach of the Contract by the Student;

10.2. In any case of suspension being ordered by the School the Student will not be entitled to recovery or refund of any sums paid in respect of tuition which would have been supplied by the School during that periods of suspension:

10.2.1.during such period of suspension;
10.2.2.if the contract is terminated during or upon the expiry of such suspension, in which case the provisions governing termination will apply with the proviso that the School’s liability (if any) to refund any part of the Price, or any other charges and/or any deposit will be calculated as from the date of the commencement of the suspension

11. Consequences of termination

11.1. On termination of the Contract for any reason

11.1.1.the Student shall immediately pay to the School all of the School’s outstanding unpaid invoices and interest and, in respect of Services supplied
11.1.2.the Student shall immediately pay to the School all of the School’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the School shall submit an invoice, which shall be payable by the Student immediately on receipt; 
11.1.3.the Student shall return all of the School materials and any Deliverables which have not been fully paid for. If the Student fails to do so, then the School may enter the Student’s premises and take possession of them. Until they have been returned, the Student shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
11.1.4.the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
11.1.5.clauses which expressly or by implication survive termination shall continue in full force and effect.

12. Force Majeure

12.1. For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the School including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the School or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Schools or subcontractors. 
12.2. The School shall not be liable to the Student as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

13. General

13.1. Assignment and other dealings.

13.1.1.The School may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
13.1.2.The Student shall not, without the prior written consent of the School, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

13.2. Notices.

13.2.1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or commercial courier.
13.2.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.
13.2.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13.3. Severance.

13.3.1. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
13.3.2. If [one party gives notice to the other of the possibility that] any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

13.4. Waiver.

13.4.1. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 

13.5. No partnership or agency.

13.5.1. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

13.6. Third parties.

13.6.1. A person who is not a party to the Contract shall not have any rights to enforce its terms.

13.7. Variation.

13.7.1. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the School.

13.8. Governing law.

13.8.1. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.

13.9. Jurisdiction.

13.9.1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).