Learn from the Sports Massage Experts!
Our next course starts 5th October 2024.
Our course is offered on the basis that the terms and conditions are integrated into our contract. By signing up to our course, you are accepting these terms and conditions. If you do not agree to these terms and conditions you cannot attend the course.
Definitions
For the purposes of these terms:
“the Academy”, “we” and ”us” means Fire & Earth Sports Massage Academy. Our address is Fire & Earth Sports Massage Academy, 6 The Quadrant, Coventry, CV1 2EL.
Phone number is 02476 019930
Email is support@fireandearthuk.com
“you” means the student attending our course
“course” means the course delivered by us including any updates to the course as we may make from time to time.
“course materials” means the physical working material relating to the course, including any updates we may make from time to time
1. Fire & Earth Sports Massage Academy (F.E.M.A) rules
1.1. Personal hygiene
1.1.1. You must maintain a high standard of personal hygiene at all times during the course dates.
1.1.2. Hair must be worn back from the face. Nails are to be short, clean, neat and free of varnish.
1.2.3 Jewellery, including watches, must not be worn when massaging
1.2. Clothing
1.2.1. You must wear clean clothing and shoes at all times. Shoes need to be closed toe and comfortable, trainers are allowed.
1.2.2. Students must wear the technical t-shirt / fleece which is supplied by us. Students should provide their own black trousers or leggings.
1.3. General
1.3.1. Mobile phones must be switched off or put on silent during lessons. We do advocate using your phone to take pictures of slides even though you will receive copies of these after each weekend.
1.3.2. After a practice session, please leave the treatment area tidy with towels folded
1.3.3. When wiping massage oil off hands and body, please use the paper roll provided, not the towels used for covering the clients
1.3.4. Massage is physically demanding and students should remember to drink plenty of water during the day and take it easy during the lunch-break
1.3.4. We will not accept or tolerate any
1.3.4.1. violence, bad language, intimidation or any form of antisocial behaviour.
1.3.4.2. possession, use or attempt to sell drugs or illegal substances of any kind.
1.3.4.3. vandalism or malicious damage to our premises and belongings or those of other students.
1.3.5. You are responsible for all your own personal property and we will not accept responsibility or liability for any loss or damage to your property.
1.3.6. You must behave in a mature and responsible manner at all times when attending the course. Respect and privacy must be observed at all times.
1.3.7. You must contact us immediately to advise if you are going to be absent. You may not miss a lecture without prior written authority from our principal or, in his absence, from your course tutor. Examination regulations state that you must attend at least 80% of the course to be able to sit an examination.
1.3.8. We offer parking at our premises. Please use the parking permit emailed to you in your pack prior to starting.
1.4. Breach of rules
1.4.1. For any breach of the Academy rules we reserve the right to effect an immediate expulsion from the course (with no refund given) and, where appropriate, send a report to the police.
1.4.2. For any breach of the Academy rules that does not result in immediate expulsion, you will receive a verbal warning. When you have received two verbal warnings any further breach not resulting in expulsion will bring a final written warning. If breaches of the rules continue you will be expelled from the course with no refund given.
1.4.3. For any breach of the Academy rules resulting in expulsion from the course, we will not be liable for any consequential loss, damage, expenses or any other consequential compensation whatsoever.
2. Course Materials
2.1. We will make reasonable efforts to ensure all course materials are up to date, accurate and of suitable quality. However, we accept no liability for any errors or omissions.
2.2. You must inspect the course materials as soon as reasonably practical after they are supplied to you (and no later than 48 hours in any event). You must notify us if you find any errors or omissions.
2.3. All copyright and other intellectual property relating to course materials are either owned or licensed to us. Copying, adapting or any other use of the course materials is strictly prohibited, without prior written permission from us.
3. Payment and refunds
3.1. Payment:
3.1.1. A non-refundable and non-transferable deposit of £600 is payable upon enrolment.
3.1.2. The outstanding balance for a course is payable by the agreed monthly schedule. Failure to pay the on the terms of the agreed schedule will result in not being able to complete the course and we reserve the right to retain the deposit and any other payments made to us in full.
3.1.3. If you wish to resit an examination or resubmit any written work which forms part of a course, we reserve the right to make an additional charge to cover the costs involved.
3.1.4. Our normal payment method is BACS
3.2. Refunds:
3.2.1. There will be no refund of deposits or other payments if you fail to attend or complete the course for any reason (including personal issues, change in personal circumstances, change of mind or relocation).
3.2.2. At our sole discretion, we may consider refund or transfer of any deposit or payment made for the course if non-attendance is as a result of serious illness. However, we will require a doctor’s certificate before considering the exercise of this discretion.
3.3. Cancellation:
3.3.1. It may be that your contract with us is covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Under those Regulations we are obliged to give you certain information, so we give that information for all contracts. Similarly, under those Regulations, you have rights to cancel the contract, so we apply that right to cancel to all contracts we enter into.
3.3.2. You have the right to cancel your contract with us as set out in the Notice of Cancellation at Appendix 1 (can be found towards end of T&Cs) to these terms and conditions.
3.3.3. If you exercise your right to cancel a course which has commenced before the cancellation period expires, you will be liable to us for our reasonable fees for the work we have carried out up to the date of cancellation. If the entire course has been completed prior to cancellation, then you lose your right to cancel. You acknowledge that these terms and conditions constitute notice of your loss of the right to cancel in these circumstances.
4. Liability and insurance
4.1. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent) or any other implied warranty, condition or any other term, or any duty, common law or under the express terms of the contract, for any loss of profit or any indirect, special or consequential loss, damage, cost, expenses or any other claims (whether caused by the negligence by ourselves or servants or otherwise) including, without limitation, loss of anticipated profits, goodwill, reputation, business receipts or contracts or losses or expenses resulting in third party claims which arise out of or in connection with the provision of our services or their use by the customer. Our entire liability under or in connection with the contract whether for negligence, breach of contract, misrepresentation or otherwise shall not in any circumstances exceed the amount of our fees for the course provided.
4.2. We shall only be liable to you under the above clause if a written claim is received by us within 14 days of the date of the course you attended.
4.3. We agree to maintain adequate public liability insurance to cover the services we provide and our premises with a reputable insurance company. Upon written request we will provide you with copies of certificates of insurance.
4.4. In the unlikely event that we are unable to provide the booked course we will endeavour to book you on the next available same course or alternatively we will refund the full amount of the sum paid for the course, at our complete discretion. This will be our maximum liability and we will not be liable for any other consequential loss, damages, expenses or any other consequential compensation whatsoever.
4.5. We may at any time (and without prior notification) make changes to the format of the course which are necessary to comply with any applicable safety or statutory requirements, or which do not materially affect the nature or quality of the course. We reserve the right to add to or amend the scheme of work without prior notice and to alter our opening hours.
4.6. The paying for and/or attending a course with us does not guarantee a qualification, diploma or certificate of achievement. These are gained by successful completion of the course assignments, assessments and examinations. It is the decision of the awarding bodies to pass a student for qualification. We are not responsible for any loss as a result of a student failing to achieve a pass in the course. If you fail to attend the necessary 75% of the course and under examination regulations are not submitted for the examination then we will not be liable for any other consequential loss, damages, expenses or any other consequential compensation whatsoever.
4.7. If you are asked to leave the course for non-payment of instalments, we will not be liable for any other consequential loss, damages, expenses or any other consequential compensation whatsoever.
5. Complaints and Disputes
5.1. Most of our students are delighted with our service, but on the rare occasion there is an issue, we want to deal with it promptly and effectively. Therefore if you are unhappy about any aspect of our service, please follow the complaints procedure at Appendix 2 to these terms and conditions.
5.2. Mediation
5.2.1. If any dispute arises in connection with this agreement, you and we agree to enter into mediation to settle such a dispute.
5.2.2. To initiate the mediation a party must give notice in writing to the other party in the dispute, referring the dispute to mediation
5.2.3. Unless agreed within 14 days of that notice, the parties agree that the mediator will be nominated by the Civil Mediation Council. The costs of the mediator will be shared equally between the parties.
5.2.4. The parties agree that neither of them will commence any court proceedings in relation to the dispute until either the mediation process has concluded, or the mediator has concluded that the matter is not suitable for mediation (provided that the right to issue proceedings is not prejudiced by a delay).
6. Miscellaneous provisions
6.1. These terms and conditions apply to the whole agreement between us and you and supersede any previous agreement or understanding
6.2. Any variation to these terms and conditions (including any special terms or conditions agreed between the parties) shall be invalid unless agreed by us and signed to that effect by us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf in entering into a contract with us. All other terms and conditions expressly implied or statutory are otherwise excluded to the fullest extent permitted by law.
6.3. This contract shall be governed and construed in accordance with the laws of England, and where necessary, the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
6.4. We are committed to ensure your privacy is maintained and respected. We will happily supply copies of our privacy policy and data protection policy upon request.
7. Learning Barriers/Disabilities
7.1. We will ask you to complete an enrolment form when joining us for a course. You will be asked to specify any learning barriers/disabilities so we can make sure we offer you appropriate support.
7.2 If you have a learning difficulty such as dyslexia, we can request 25% extra time for any written exams that you might take. We would require documentation of your learning barrier/disability, which would be submitted to Active IQ for evaluation and confirmation.
9. Instalment Plans
These Additional Terms and Conditions apply to all Students who wish to pay for their Diploma Course by an agreed Instalment Plan with the Fire& Earth Massage Academy.
These Additional Terms and Conditions are in addition to the General Terms and Conditions that apply to the sale of any Classroom Course or Online Course.
By agreeing to pay by instalments, you are confirming your agreement to be bound by these Additional Terms and Conditions.
9.1. The Fire & Earth Massage Academy Instalment Plan enables Students to pay their Course Fees in instalments. The first instalment/deposit being due on booking onto your chosen course. The remainder of your Course Fees will be due in equal instalments, payable on a monthly basis on the dates laid out on your invoice. Your second instalment will not be due until the second month following your enrolment and your first instalment being paid e.g. if you place your order and pay your first instalment on 12th January, your second instalment will not be due until 12th February and your third, fourth, fifth & sixth instalments will be due on 12th March, 12th April, 12th May, 12th June etc respectively.
9.3. Once you have booked onto your chosen course, you will have the option to pay by instalments over 6 months for the Leve 3 course, or over 5 months for Level 4.
9.4. A deposit of £600 will be needed to secure your course place. An invoice will be emailed to you directly for this payment, along with a receipt upon payment. The deposit amount will be taken off the total amount.
9.5. If a payment is returned due to insufficient funds, or an instalment is late, you will incur a charge of £20 which will be added onto any remaining balance owed.
9.6. If you are having any financial problems, it is your responsibility to contact us to make us aware of your situation and discuss a plan going forward.
9.7. We reserve the right to refuse admittance to exams if your account falls into arrears and we have not been notified of when we will receive payment.
9.8. If in the event your account falls into arrears, we reserve the right to cancel your instalment plan and the full balance remaining on your account will be due within 14 days of notification. If we are unable to contact you, or your balance remains unpaid, we will begin legal proceedings to reclaim course fees.
9.9. You will not be entitled to a refund of any instalments already paid if you do not complete the course or can no longer attend the course dates you are booked on to. The instalment fees are non-transferable. Please see our General Terms and Conditions for full details on your payments, refunds and cancellation rights.
10.0. If you have breached, or, are in breach of any of the General Terms and Conditions and/or these Additional Terms and Conditions, you will cease to be eligible for an instalment plan in respect of the relevant course and any future courses you may book, and Cotswold Academy reserve the right to withdraw you from the Instalment Plan and any remaining Course Fees will become immediately due and payable in full.
APPENDIX 1
NOTICE OF THE RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 15 days after the contract was made (usually the day you booked and paid for a course).
To exercise the right to cancel, you must inform Tanya Reid-Moore, Fire & Earth Massage Academy 6 The Quadrant, Coventry, West Midlands, CV1 2EL or support@fireandearthuk.com clearly stating you wish to cancel the contract. You may find it easier to use the cancellation form below, but you don’t have to.
To meet the cancellation deadline, you just need to send your communication before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you.
We will make the reimbursement without delay, and no later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.
In the case of sales contracts in which we have not offered to collect the goods in the event of cancellation we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
If we have begun the performance of services during the cancellation period, you will pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full sum due under the contract. This may be the full sum due.
CANCELLATION FORM
To:
Tanya Reid-Moore, Fire & Earth Massage Academy, 6 The Quadrant, Coventry, West Midlands, CV1 2 EL telephone 02476 019930, e-mail support@fireandearthuk.com
Your name: ………………………………………………………………………
Your address: …………………………………………………………………………………………………………………………………………
Name of course: …………………………………………………………………….
I wish to cancel the contract for the supply of the above course.
Signed: ……………………………………………
APPENDIX 2
COMPLAINTS PROCEDURE
Most of our students are delighted with our service, but on the rare occasion there is an issue, we want to deal with it promptly and effectively. Please therefore follow this procedure.
If you are unhappy about any aspect of our service, please contact Fire & Earth Massage Academy on
02476 019930 or support@fireandearthuk.com
If we believe the matter can be dealt with informally, then we will do our best to resolve the problem immediately.
If we don’t believe the matter can be dealt with informally (or informal resolution was unsuccessful), then the following procedure will be used:
1.We will send you a letter or e-mail acknowledging the compliant within 3 working days of receipt. We will ask you to clarify or confirm any further details we need. We will tell you the name of the person who will deal with your complaint.
2.We will investigate your complaint thoroughly, and aim to send a detailed reply to you within 15 working days of sending the acknowledgement.
3.Before we send the detailed reply, we may invite you to a meeting to discuss your complaint. The meeting can be held face to face, by phone or by Skype call to suit you.
4.If you are still not satisfied with what we have done, you can contact us again to review our decision. One of our directors will then review everything. This will not be the director who carried out the initial investigation. We will aim to send you the outcome of the review within 15 working days of receiving your request for review. This will be our final position on your complaint.
5.If you are still not satisfied with what we have done, you may take whatever further steps you consider appropriate. We respectfully remind you of the provisions of clause 5.2 of the terms and conditions regarding mediation.
Questions about these T&C's?
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