THE RUGBY TRAINER – TERMS AND CONDITIONS

Last updated October 2023.

We are The Rugby Trainer Academy Ltd, a company registered in England and Wales under company number 15208833 with our registered office at Wellington House, 273-275 High Street, London Colney, Hertfordshire, United Kingdom, AL2 1HA (“we”, “us” or “our”), and these terms and conditions (“terms”) explain how you can subscribe to and access the Rugby Trainer Academy (the “Academy”).

When you subscribe to and access our Academy, either on your own behalf or on behalf of a child under the age of 16, you’re deemed to have accepted these terms and you will, and you will ensure, that these terms are complied with. If you don't accept these terms, please don't subscribe to or access our Academy.

The Academy

About the Academy: Our Academy has been designed for people of all ages and skill levels who are passionate about rugby. It offers a unique opportunity to develop and enhance rugby skills, knowledge, and techniques from the comfort of your own home or training ground. The Academy includes access to live Zoom skill sessions, an online community we’ve called The Clubhouse, the chance for us to review and provide feedback on footage of your training sessions and skills plans for you to download. Full details about what the Academy includes are detailed on our website at  https://www.therugbytraineracademy.com.

IMPORTANT NOTE to parents and guardians: The Academy is available to all ages, including children. We are happy to accept children as young as eight years old, but if your child is younger please contact us by email to [email protected] before subscribing to the Academy.

By subscribing to the Academy as a parent or guardian of a child under the age of 16, you agree to the following:

• You will ensure that you and your child will comply with these terms.
• You will always be present with your child during the live Zoom skills sessions.
• If you submit footage of your child’s training sessions for our analysis, you are consenting to us sharing that footage within The Club House and on social media. Please note that this consent can be withdrawn, as explained later in these terms.
• You will always be present when your child is communicating within The Club House, and monitor all communications sent and received. If you become aware of any inappropriate communications that breach our community guidelines, you will notify us immediately.
• When training with your child, you agree that for safety reasons, you will not hold pads for your child.
• You accept that physical activity, particularly during rugby as a contact sport, does have some risk of injury and you agree that you are solely responsible for your child’s health and safety while practicing any skills learned during the Academy.

Term of the Academy: You can choose to subscribe to the Academy on an annual or monthly basis (each, a “subscription”), however you must be at least 18 years to create a subscription and have legal capacity to enter into a contract with us.

If you choose the annual subscription, your access to the Academy will start when you pay the Academy Fee. Your annual subscription will automatically renew at the end of the 12 months for a further 12 months. However, if you would like to cancel your annual subscription, or you would like to prevent automatic renewal, we must have at least 30 days’ notice. You can cancel via the account settings, or you can email us with your notice to cancel at [email protected]. As you’ll receive a discount on the Academy Fees by having an annual subscription, you can’t cancel part way through and request a refund. Your access to the Academy will end at the end of the 12 month subscription and provided proper notice is served, your annual subscription will not renew.

If you choose the monthly subscription, your access to the Academy will continue on a monthly basis. However, if you would like to cancel your annual subscription, or you would like to prevent automatic renewal, we must have at least 30 days’ notice. You can cancel via the account settings, or you can email us with your notice to cancel at [email protected].Your access to the Academy will end at the end of the next month.

Academy Fees: The Academy Fees are as confirmed on our website and is collected by Stripe. You should read Stripe’s terms and conditions and privacy statements as these will apply to the Academy. These can be found at https://stripe.com/gb.

Where you subscribe monthly, Stripe will continue to take payments from your chosen payment method until you cancel your subscription.

It is your responsibility to ensure that your payment method is kept up to date and that the monthly Academy Fees can be taken on the due date. If any payments can’t be taken, we will suspend your access to the Academy without liability to you.

Where any sums due to us are overdue for more than 30 days, we reserve the withdraw your access to the Academy with immediate effect on serving immediate written notice on you.

Consumer rights: You’ll have access to the Academy immediately. This is known as digital products under consumer legislation, and by signing up to and paying for the Academy (whether under an annual or monthly subscription), you are expressly waiving your right to the 14-day cooling off period you would usually be entitled to under consumer legislation. This means that you won’t be able to change your mind and request a refund once the Academy starts (although you can cancel a monthly subscription as explained above).

Privacy of your account: You must keep all security information confidential. We have the right to disable your security information if we believe you have failed to maintain confidentiality.

You are not permitted to share access to your account and the Academy with any other person. The Academy is licensed only to you, and you cannot sell or transfer it. You must comply with the law and these terms when using the Academy . Failure to do so may result in suspension or termination of the Academy without liability to you.

Intellectual property: As part of the Academy, you’ll have access to a variety of resources, including (without limitation) skills plans and recordings of the live Zoom skills sessions. Anything we have created that we share with you is our intellectual property. You’re not permitted to copy, sell, transfer, assign, exploit, share, distribute, crate derivative works of, sub-license or otherwise make our intellectual property rights available to any third party, whether for commercial or personal purposes.

Accessing and benefitting from the Academy: For you to be able to access and gain full benefit from the Academy, such as attending the live Zoom sessions, you must ensure that you have the equipment needed to attend, such as a laptop or computer with a camera, a microphone and (most importantly) a strong internet connection.

We’re not responsible if you’re not able to attend any part of the Academy because of issues with your equipment or internet connection, or if there are issues with the software we use to deliver the Academy, as these are completely outside our control.

The Club House: You will be given access to our accountability group exclusively for Academy members. It is important that The Club House is a place where members feel supported, encouraged and treated kindly. As such, by subscribing to the Academy, you agree that you will, and you will ensure that your child, comply with our community guidelines available within The Club House community. We are not responsible for the behaviour, actions, or views of other members, and can only ask that everyone respects the privacy and confidentiality of others. We reserve the right to remove you from The Club House if you breach our community guidelines.

Sharing sessions recordings and footage: Two of the features of the Academy are the live Zoom skills sessions, and the ability to share your training footage with us for analysis. Recordings of the live Zoom sessions will be shared within the Academy community for seven days after the session. We may also share clips of the recordings and of your footage on our website and social media to showcase the Academy. By accepting these terms you consent to the sharing of those recordings and footage, which may include yours (or your child’s image). If you would not like us to share your (or your child’s) image outside of the Academy members, please opt-out by emailing us at[email protected], and we will then not share any clips going forward.

Disclaimers

No guarantees: We are a rugby skills coach, providing guidance, information and support to enable you to improve your rugby game. We make no guarantees or claims as to the success of any Academy member. Each individual is unique, as is the commitment they make to themselves to apply the lessons into their rugby game. The aim is that by attending the live Zoom skills sessions and getting our feedback on your skills footage, you’ll get the most out of the Academy. We’re not responsible for any outcomes you do or don’t achieve through your participation in the Academy, or any action or inaction which you take as a result of the information provided during the Academy.

Risk of injury: As we’re sure you’re aware, rugby is a contact sport and so can be strenuous and expose you (or your child) to the risk of injury due to contact with another player, due to contact with any equipment used, from the environment, or from participation in physical activity. You are solely responsible for your health, or the health of your child. Before you engage in the skills taught as part of the Academy, we strongly recommend that you speak to a medical professional to ensure there is no physical reason that you (or your child) should not engage in a contact sport. If you have any concerns about your (or your child’s) health, you are responsible for bringing this to the attention of a medical professional.

Use of technology: As we deliver the live skills sessions on Zoom, we’re very much reliant on Zoom being available to, over which we have no control. We therefore can’t guarantee that Zoom will always be available to you and if there’s an outage in their services meaning you can’t access the live skills sessions, we won’t be liable to you for this.

Confidentiality: During the Academy, you may have access to our confidential information, in particular relating to our business or any other Academy member. You may also share with us confidential information about your home, school or working life (as applicable). By accepting these terms, you agree that you won’t use or disclose to any third party any confidential information you receive, and you will use your best endeavours to prevent the publication of any confidential information relating to us or any other Academy member. We are also bound by confidentiality obligations and will not share your confidential information outside of our company.

You accept that any unauthorised disclosure of confidential information belonging to us or Academy members may amount to immediate dismissal from the Academy, without refund or liability. You remain bound by the confidentiality obligations stated in these terms after the Academy ends.

Cancellation by us: Without affecting any other right or remedy available to us, we are permitted to terminate the Academyimmediately by giving you written notice if you (or your child) materially breach these terms. We may also withdraw the Academy at any time, in which case you will be entitled to a refund of a proportion of the Academy Fees for services not yet delivered.

The Legal Bit

Limitation of liability: We won’t be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, claim, damage or expense, or for any indirect or consequential loss arising out of or in connection with any contract between you and us, or for any damage to property or person (unless caused by our negligence).

Except to the extent expressly set out in this section, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Nothing in these terms seeks to limit or exclude our liability for: (a) death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (d) defective products under the Consumer Protection Act 1987; or (e) any other matter in respect of which liability cannot be excluded or restricted by law.

Our total liability to you for all other losses arising out of or in connection with the contract for sale between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss.

Force majeure: Where an event outside our control occurs, this is a “force majeure event” and includes, but isn’t limited to, storm, fire, earthquake, an act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third-party supplier to do as they’re contracted to do. Where a force majeure event occurs, we are excused from performance under these terms, and we won’t be liable to you for our failure to perform. We will use our reasonable efforts to continue our obligations under these terms as soon as we are able to after the force majeure event has stopped.

Indemnification: When accessing the Academy, you agree to protect, indemnify and hold us harmless from any liabilities and expenses, such as claims, damages, legal fees, and costs. This includes anything related to the use of the Academy, except if it results from a breach of our terms or our own misconduct. By accessing the Academy, you release us from any legal actions or claims that may arise from your access to the Academy.

Data Protection: We comply with applicable data protection legislation, including the retained EU law version of the General Data Protection Regulations ((EU) (2016/679) and the Data Protection Act 2018. We will only use your personal information as set out in our privacy and cookie policy, https://www.therugbytraineracademy.com/privatepolicy.

Notices: Any notices to be served on each other (save those in relation to the service of legal proceedings) must be sent by email and the time of delivery will be the time of transmission. Please send any notices to us by email to [email protected] and we’ll use the email you provide to us on sign up to the Academy. If your contact details change, please let us know.

Conflicting terms: Should there be any conflict between these terms and any hosting platform or payment gateway, these terms shall prevail.

No waiver: No failure or delay by us in exercising any of our rights under these terms shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of these terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

Severance: In the event that one or more of the provisions of these terms is or are found to be unlawful, invalid, or otherwise unenforceable, that or those provision(s) shall be deemed severed from the remainder of these terms. The remainder of these terms shall be valid and enforceable.

Entire agreement: These terms and any other document specifically referred to herein contains the entire agreement between us and you with respect to its subject matter and formation. These terms supersede and extinguish any and all previous agreements, representations, warranties, promises, assurances, and understandings between us and you relating to its subject matter and formation.

Third party rights. Unless it expressly states otherwise, these terms do not give rise to any rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these terms.

Applicable law. These terms and any non-contractual obligations arising hereunder, shall be governed by, and interpreted according to English law and all disputes arising under these terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.

Contacting us: If you need to contact us for any reason, please email us at [email protected].