TERMS & CONDITIONS - ESCAPE TO NATURE.

 1. Introduction

 

These Event Terms and Conditions for the Escape to Nature event (“Terms and Conditions”) form part of your agreement with Be Fearsome Ltd and Global Command Ltd trading as Turn Wild (the “Provider”). You understand that the Provider is a collaboration between Be Fearsome Ltd and Global Command Ltd trading as Turn Wild are both Liability Companies and you are entering into a contract with both.

 

Booking a course or event constitutes acceptance of these Terms and Conditions when you will become a client (a “Client” or “You”). You are asked to pay special attention to the provisions related to cancellations. This does not affect your statutory rights.

 

It is understood between the Provider and the Client that both must commit to the programme 100% in order for you to achieve results.

The Provider may use additional Trainers or Coaches.  If the Provider uses additional Trainers or Coaches they come under the umbrella of the Provider.

These Terms and Conditions, along with the Event Schedule and Booking form, constitute as the contract between the Provider and the Client. The lead booking name is responsible for all Clients under their care as stated on the booking form.

 

2. Definitions and interpretation

 

a) The following terms shall have the following meanings for the purposes of this agreement:

 

  1. ‘Provider’ means BE FEARSOME LIMITED company number 10495946 registered at Kemp House, 152 - 160 City Road, London, EC1V 2NX and Global Command Ltd trading as Turn Wild company number 08633385 registered at 167-169 Great Portland Street W1W 5PF;

  2. 'Client' means any person or persons engaging in a paid or un-paid activity with the 'Provider';

  3. ‘Agreement’ means the terms and conditions;

  4. ‘Services’ means those specified in clause 3;

  5. ‘Currency’ means pounds sterling;

  6. ‘Payments’ means the amounts listed in the fees agreement and/or the Providers website;

  7. ‘Products’, 'Sessions', 'Training' 'Event' or 'Activity' means products and services provided by The Provider;

  8. ‘Trainer’, 'Coach', 'Leader' or ‘Employee’ means a third party employed and/or subcontracted by the Provider;

  9. 'Event’ means a range of activities and resources used to guide an individual or group toward a specific learning objective.

  10. 'Event Schedule' is the planned Activities as laid out when booking.

  11. 'Booking Form' is the method of booking via the website.

 

b) 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.

 

c) 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 singular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties.

 

3. The Provider’s Obligations

 

a) Services to be provided by the Provider:

 

  1. The cost of the Event includes all relevant training, advice and support as listed in the Event description agreement.

  2. Course and Event timeframes will be stipulated at the point of booking and may be subject to change.

  3. The Provider will provide the training, supervision, advice and support that you will need to achieve the desired outcome.

  4. Wherever possible the Provider will ensure you are in a group suitable to your level and ability.

  5. All Client information will be kept strictly private and confidential.

 

4. Client obligations

 

  1. You agree to abide by all the terms and conditions set forth in this Agreement.

  2. The client will ensure payments are made within the specified time limits via Direct Debit, bank transfer, card payment or other agreed method. The client understands the Event may be cancelled automatically without notice or liability to you if payments are not paid within the specified time limits.

  3. Abide by any rules or instruction laid down by the Provider in regards to safety or proper practice.

  4. You are required to arrive on time for each Event or planned activity (“Session”) so that the Providers full training plan is achieved.

  5. If the Client is late Course or Event cannot be extended and will end at the appointed time.

  6. You are required to read and adhere to the Safety Briefing Document provided before the Event start.

  7. All participants must agree to follow safety instructions (both written and verbal) and not to act in any way that compromises the safety, enjoyment, learning or well being of themselves, other participants, or staff.

  8. You are required to wear appropriate clothing, footwear and safety equipment as detailed by the Provider or local laws.

  9. You are not to share any intelligent property, documentation, pictures or video footage in hard copy or electronic format with a third party without the written consent of the Provider.

 

5. Payment and booking

 

  1. Your place and that of the participants you are booking for is secured when making payment of the deposit.

  2. The deposit is non-refundable unless the Event is cancelled by the Provider or due to Government restrictions due to COVID-19.

  3. The final balance is due thirty days before the Event start date. 

  4. Once paid, the final balance is non-refundable unless events started in clause 5.2 occur.

  5. Booking is made with Be Fearsome Ltd and Global Command Ltd, however, payment is taken by Global Command Ltd.

  6. Payment is covered by Travel Regulation Insolvency Protection (TRIP). 

  7. Global Command Ltd T/a Turn Wild is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with '' The Package Travel and Linked Travel Arrangements Regulations 2018'' all passengers booking with Global Command Ltd T/a Turn Wild are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Global Command Ltd T/a Turn WIld.  This insurance has been arranged by Towergate Travel through Zurich Insurance PLC. Claims: In the unlikely event of Insolvency, you must Inform Towergate Travel immediately on +44 (0) 1932 334140 or by email at tcs@towergate.co.uk . Please ensure you retain the booking confirmation as evidence of cover and value. Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. If you have booked flights as part of your travel, you should ensure that the company with which you booked the flights has the appropriate CAA/ATOL bonds in place.

6. Medical and Injury

 

  1. You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking any physical activity with or from the Provider.  You must provide the completed form to us before the Event is started.

  2. The Provider may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter and the cost is covered by You.

  3. You understand and agree that it is your responsibility to inform the Provider of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.

  4. If the Provider requires further medical information from a practitioner, you must provide such details.

  5. You understand that there are inherent risks in participating in a programme of outdoor activities and/or exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Provider is not responsible, except where the injury was caused by their gross negligence or intentional act.

  6. The Provider cannot be held liable in any way for undeclared or unknown medical conditions.

  7. The Provider accepts no liability and/or responsibility for any injury, illness, damage, loss, accident, expense, or any other claim arising from involvement in any activities or provision of any services howsoever suffered, even in circumstances where the Provider, the Coaches and/or Employee of the Provider may have negligently breached any duty of care that it or they may owe or have owed in connection with such activities, conduct, supervision, or the provision of services. The Provider will no longer be liable for direct or indirect losses, arising from any such injury, illness, damage, loss accident, or expense including consequential loss or economic loss however caused.

  8. The Provider is not responsible for any health problems arising from environmental factors during Your Session, Course, Event or Coaching.

 

7. Health and Safety

 

  1. The Provider and/or the Provider’s Trainers have completed and hold current certifications for emergency first aid at work.

  2. The Provider and/or the Provider’s Trainers have £10 million public liability insurance cover.

  3. The Provider has a risk assessment and emergency action plan for the Activity the Clients are conducting.

  4. The Provider and/or the Provider’s Trainers hold appropriate qualifications for the Activity the Clients are conducting.

  5. The Provider will provide copies of any Health and Safety documents upon request from the Client.

 

8. Insurance and Equipment

 

  1. It is recommended that the Client takes out adequate insurance to cover the activities they are partaking, for injury, 3rd party liability and equipment. Failure to take out an appropriate insurance policy is at your own risk and the Provider accepts no responsibility for loss, injury or liability on your part.

  2. You are liable for any damage or harm that may be incurred to your own equipment or equipment.

  3. We may charge you for any equipment loaned or hired to you through us that is misused, damaged or lost.

  4. The Provider will maintain a comprehensive policy of insurance to cover the liability of The Training in respect of any act or default for which it may become liable to indemnify the Client under the terms of this agreement.

  5. The Provider shall not be liable to the Client for loss or damage to the Client’s property unless due to the negligence or other failure of the Provider under the general law.

9. Sessions, Courses, Events and Activities

 

  1. All Sessions, Courses, Events and Activities are optional. 

  2. A safety briefing and injury check will be given by the Provider at the start of every Activity. It is your responsibility to attend these briefings and pay attention. Failure to attend these briefings may result in exclusion from the Activity at the Providers digression.

  3. We reserve the right to stop you taking part in an Activity, make changes to a planned Activity or take other appropriate action if we feel you are putting yourself and or others at risk.

  4. You are asked to be mindful and respectful of other users from the Providers group and the general public.

  5. The Provider takes no responsibility for any activity out of planned Sessions, Courses, Events or Activities.

10. Cancellations, Changes and Refunds

 

  1. In the very unlikely event that the Provider needs to cancel or make significant changes to your Course, Event or Activity, the Provider will inform you as soon as possible and talk through the options available.  The Provider will not be liable for any other third-party costs. The Provider will seek to minimise the disruption to you, wherever possible.

  2. In the event of a government forced cancellation due to COVID-19, a full refund will be provided to the Client.

  3. Cancellation of participation in the Event by the Client will result in payment of the deposit or full fee if the full fee has been paid.

  4. If you wish to change or cancel your Event, please contact the Provider immediately on 020 8064 5444 or contact@befearsome.com to discuss possible options.

  5. All cancellations must be emailed to the Provider at contact@befearsome.com.  The cancellation is not confirmed until the Provider has acknowledged receipt of your email.

  6. The Providers policy for refunds is that no refunds will be given for any product or service except in the event of clause 10.2 or if the Provider cancels the event. Any exception to this must be agreed with the Provider in writing in advance.

11. Liability

 

  1. Our customers are important to us and we take our duty of care seriously to ensure, as far as we possibly can.  We will carry out our own risk assessment of the activities and we will advise you of on hazards on the route. 

  2. The Provider is not liable for any harm, damage or loss that results from your own actions, actions beyond our control, actions of a third party or which we cannot have reasonably foreseen.

  3. While all reasonable efforts will be made to ensure the safety and well being of participants, Activities take place in an outdoor environment and participants must be aware, understand and agree that there are inherent dangers and certain unpredictability accompanying the Activities.

  4. The participant accepts responsibility for such risks to personal safety and acknowledges that the Provider is not responsible for any loss or damage to personal property.

  5. Students must also acknowledge that participation in an Activity or Event does not qualify them in any way to teach the subject matter.

  6. The Provider will not be liable for any injury that results from failure to follow its safety instructions.

 

12. Problems Or Complaints

 

  1. In the case of any problem or complaint, you must inform the Provider at the earliest opportunity so they have the chance to rectify the situation as quickly and efficiently as possible.

  2. Complaints must be received in writing to our correspondence email contact@befearsome.com or registered address Kemp House, 152 - 160 City Road, London, EC1V 2NX.

  3. Any complaint, which cannot be resolved locally, must be notified in writing to the Provider within one week.

  4. Failure to follow this procedure may hinder the Providers ability to rectify the problem or complaint and reduce or extinguish of any claim you may have.

 

13. General

 

  1. The Provider has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law. The Provider will notify you of significant changes however it is your responsibility to keep up to date by visiting the 'Escape to Nature Terms and Conditions' on the website. When such a change(s) is made, if dissatisfied you can cancel this agreement once You have made any payments already due to the Provider.

  2. You are responsible for keeping all your contact information and marketing preferences up to date with the Provider. In order to comply with the Data Protection Act 1998, the Provider will only do what you ask them to do, or what you have given them permission to do with any personal or sensitive information held about you.

  3. We may use your personal contact information within Be Fearsome Ltd and Global Command Ltd, to offer you information or products that we feel are of interest. By agreeing to these terms you are accepting the use of contact information in this way.

  4. Filming, sound recording and photography may be taken for marketing purposes. Your participation in a Session, Course, Event or Coaching means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright. If you have objections please inform the Provider.

  5. Permission for the filming or photography of under 16-year-olds will be formally requested before any action is taken.

  6. This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.

  7. Correspondence with Be Fearsome Ltd can be made via phone 020 8064 5444, email contact@befearsome.com or in writing Kemp House, 152 - 160 City Road, London, EC1V 2NX. 

  8. Be Fearsome Ltd was previously named Fearsome Fitness Ltd. The company structure has not changed in any way other than the name. Any and all agreements with Fearsome Fitness Ltd have been carried over to Be Fearsome Ltd.

Last updated April 27th 2020. 

 

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