1.1 West End Esher Cricket Club ( WEECC ) operate the website www.WEECC.co.uk which provides full current information regarding the colts section with respect to Membership, Terms and Conditions, Match Fixtures etc.
2. Your Acceptance of WEECC Terms and Conditions
By completing the membership form and paying the colts membership fees, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are the parent or legal guardian of the child(ren) you are joining as members of WEECC colts (Member(s));
(d) All Members are reasonably fit and healthy, capable of participation in the sessions / competitive games and that you have fully disclosed details of any relevant information.
(e) All Members will be, between the ages of 5 and 14 years old.
3. Quality of Coaching Sessions
The coaching is provided by experienced players / coaches. Unless we are prevented from doing so by a Force Majeure Event, we will provide coaching which:
(a) is carried out with reasonable care and skill;
(b) are fit for purpose;
Sessions may be cancelled due to adverse weather conditions or lack of attendance, where a refund is not applicable.
A single trial session is available for a fixed fee, before membership of WEECC is required.
4. Attendance at Coaching Sessions or Competitive Games(s)
4.1 We reserve the right to remove a Member from the Session / Competitive Game(s) or to refuse admittance should we deem it necessary to do so. This includes where a Member does not comply with the safety rules and advice, does not act responsibly and courteously, is disruptive, does not participate, fails to respect or affects the enjoyment of the Session / Competitive Game(s) for other Members.
4.2 Members should be dressed appropriately for the Session / Competitive Game(s). We reserve the right to refuse admittance to any Member who we consider not to be appropriately dressed.
4.3 Members are required to wear the necessary safety equipment either provided by WEECC or the Member at all times during the activities. We reserve the right to remove from the Session / Competitive Game(s) any Participant who refuses to wear the necessary safety equipment.
4.4 Members are expected to be reasonably fit and healthy and not suffer from any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. If you are in any doubt as to whether the Member should attempt the activities in the Session / Competitive Game(s), please consult with the WEECC coaches.
4.5 No refunds or compensation will be payable by us in the event that any Member is not permitted to, or decides not to, undertake or complete the Session / Competitive Game(s) for the reasons set out in this clause.
Because of recent changes in legislation WEECC would like to draw to the attention of parents/guardians that in joining a child as a member of WEECC they implicitly agree and accept that:-
5.1 Photographic images may be taken of their son/daughter, during the normal course of cricket activity, by accredited photographers and/or other parents/guardians.
5.2 These images may be used in the press or in Club/County publicity.
The WEECC grounds, by its very nature, is in the public area and when joining the sessions/ competitive match's their parents/guardians acknowledges this fact, which may result in the recording and publication of his / her image.
6.1 By accepting these terms and conditions, you understand and agree that:
6.1.1 The sporting activities of the Session / Competitive Game(s) on which any Member is enrolled involve an inherent risk of injury;
6.1.2 You are responsible for the Member’s safety and accept this inherent risk in order for your child to participate in the Session / Competitive Game(s);
6.1.3 You will ensure that the Member acts appropriately and complies at all times with our safety rules and procedures in order to minimize risk;
6.1.4 You will ensure that the Member immediately ceases performance of the activities if you are concerned about the safety of the activities or the health of the Member;
6.1.5 In the event of an accident or any damage, loss, injury or death,we will not be liable for any direct or indirect loss, damage or injury arising from or in connection with the activities undertaken on the Session / Competitive Game(s) .
6.1.6 You accept that we will undertake a risk assessments to the best of our ability and deliver the Session / Competitive Game(s) in as safe as possible a manner, but that this does not remove all risk of injury to the Participant; and
6.1.7You hereby waive all and any claims against.
7. Events outside our control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our reasonable control (Force Majeure Event).
7.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
7.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may beperformed despite the Force Majeure Event.
8.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
8.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
8.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
9.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9.2 If any of these terms and conditions or any provisions of a Contract (or part of a provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10. Entire agreement
10.1 These terms and conditions, constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
10.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement,representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
10.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
10.4 Nothing in this clause shall limit or exclude any liability for fraud.
11. Our right to vary these terms and conditions
11.1 We have the right to revise and amend these terms and conditions from time to time.
12. Law and jurisdiction
Contracts for the membership of WEECC and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims)
will be governed by English law. Any dispute or claim arising out of or in
connection with such Contracts or their formation (including noncontractual
disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.