Terms and conditions
Basis for the arrangement and glossary
Yugo will deliver the activities in the location designated within this agreement. Yugo’s staff will be qualified to deliver the activity and will liaise with the Organisation on a regular basis. While Yugo staff will adhere to statutory Health & Safety requirements and best practice guidelines, the Organisation is responsible for the physical space and the safety of its occupants.
Activity: Refers to the activity described in this document.
Organisation: Refers to the school or other organisation for which the event is being organised.
1. Cancellation Policy
You can cancel the booking based on the contract’s length and the notice period for cancellation. Please see the different contract terms below.
Long-Term Contracts
Constitutes any contract that lasts more than 13 weeks or 13 individual session dates (whichever comes first).
- Organisations may cancel up to six weeks prior to the activity start date without charge.
- Organisations may cancel up to three weeks prior to the activity start date and be liable for six weeks of delivery, irrespective of how many session dates are booked within that time period.
- Organisations cancelling within three weeks of the activity start date will be charged for 12 weeks of delivery, irrespective of how many session dates are booked within that time period.
- Organisations cancelling once the activity start date has commenced will be charged 100% of the total charge and will not receive a refund.
Short-Term Contracts
Constitutes any contract that lasts between 5 – 12 weeks or 5 – 12 individual session dates (whichever comes first).
- Organisations may cancel up to six weeks prior to the activity start date without charge.
- Organisations may cancel up to four weeks prior to the activity start date and incur 50% of the total charge.
- Organisations cancelling within two weeks of the activity start date will be charged 100% of the total charge and will not receive a refund.
Any cancellation should be in writing via email or letter addressed to the YuGo representative outlined in this contract. Please email hello@yugo.org.uk or via post to YuGo Exercise Engagement Pioneers, Third Floor, Brunel Mall, London Road, Stroud, GL5 2BP.
2. Payment Terms
Payment must be made in relation to the duration of the contract. Please note the different contract terms, below.
Long-Term Contracts
Organisations have within six weeks (42 days) of the project start date to make payment. If payment is not received within that time period, YuGo reserves the right to pause or terminate delivery of service.
Short-Term Contracts
Organisations have within four weeks (28 days) prior to the project start date to make payment.
If payment is not made within the required time-frames, YuGo reserves the right to pause or terminate delivery of provision. Cancellation payment terms would still apply.
3. YuGo Cancellations
YuGo may need to cancel activity dates due to staff absence, or otherwise, throughout the duration of the contract. YuGo will always endeavor to ensure staff absences are covered by other qualified coaches and instructors in the first instance. However, if suitable cover cannot be arranged, YuGo will communicate with the organisational representative listed in this contract to agree upon the following.
- A rearrangement of the activity date, within the timeframe outlined within the contract start and finish date.
- A credit applied to a subsequent contract (short or long-term contracts both apply).
- A refund, if neither of the above are actionable.
These actions apply to both short and long-term contracts.
4. Publicity
Agreement will be sought from the Organisation if Yugo should wish to use the name of the Organisation in its marketing materials (permission should not be unreasonably withheld).
5. Data Protection
- Each of the parties acknowledges that it is their intention and understanding that each Party will be a Controller (as defined in the Data Protection Legislation) in the performance of their respective rights and obligations under the Contract.
- Notwithstanding section (a) above, each party shall comply with the provisions of the Data Protection Legislation. In particular, without limiting the foregoing, each party agrees to comply with the obligations placed on the other party by the Data Protection Legislation in respect of any processing of Personal Data (as defined in the Data Protection Legislation) so as to ensure it is carried out in a manner that ensures appropriate security and protection of the Personal Data. For the purposes of the Contract, “Data Protection Legislation” shall mean any applicable law relating to the processing, privacy, and use of personal data, as applicable to Pillar Wellbeing, the Company and/ or the services provided under the Contract, including:
- the Regulation of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”), and/or any corresponding or equivalent national laws or regulations;
- the UK Data Protection Act 2018, and any successor legislation which implements the GDPR in the UK; and
- any judicial or administrative interpretation of them, any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant regulatory authority.
6. Force Majeure
- If a Force Majeure Event occurs and, as a result, Yugo or the Organisation anticipates that it will be prevented or hindered from fulfilling any of their obligations under the Contract, then:
- Yugo and the Organisation’s obligations under the Contract will be suspended while the Force Majeure Event continues to the extent Yugo or the Organisation is prevented or hindered from fulfilling them and neither shall have any liability to the each other for such failure to perform its obligations;
- The parties will notify the other party as soon as reasonably practicable following the Force Majeure Event, and the parties will then enter into good faith discussions with a view to alleviating the effects of the Force Majeure Event, or to try to agree reasonable alternative arrangements;
- following such good faith discussions, if the suspension of Yugo’s or the Organisation’s obligations as a result of the Force Majeure Event will materially prejudice the staging of the Activities then either party may, from 14 days prior to the start of the Event and at any time thereafter (the “Termination Window”), terminate the Contract by written notice, provided that the Force Majeure Event is ongoing at the date of termination and there is no viable plan in place for the event to take place.
7. Miscellaneous Provisions
This Contract is made and will be performed in the UK and shall be governed by and construed in accordance with the laws of England and Wales. By executing this Contract, you consent to the exercise of exclusive jurisdiction over it by, and venue in, the courts of England. Any legal action in connection with this Contract shall be brought and maintained only in the courts of England.