Wing Chun Kuen

Safety Policy and Terms of Service

Safety Policy

Student safety is paramount. All students practise and train in a safe environment.

We operate in an ego-free environment, which means all students agree to respect each other at all times and train seriously but sensibly; this way, all participants develop safely without fear and intimidation.

Terms of Service

These terms and conditions, together with any Booking Confirmation or any other terms agreed between the Parties in writing subsequent to the Effective Date, constitute a legally binding agreement (the “Agreement”) made between the owner of the Websites, trading under the name ‘Wing Chun Kuen’ (the “Business”), and you, as a prospective or current client of the Business, whether personally or on behalf of an entity (the “Client”, together with the Business, the “Parties”). By placing an order on the Website, requesting or soliciting a Booking Confirmation, or otherwise accepting the Business’s provision of the Services (as defined below), the Client agrees the Terms shall apply to the relationship between the Parties and the Services.

1. Definitions

In this Agreement, the following terms shall have the following meanings:

Annual Memberships” means the Service identified as such in Schedule 1 (Pricing Schedule) hereto.

Booking Confirmation” means a written notice delivered to the Client (whether in physical or electronic form) by the Business, confirming the terms on which the Business shall provide the Services to the Client.

Cancellation Deadline” means:

  1. in relation to the Monthly Services, 30 calendar days before the Payment Deadline for the relevant Service;
  2. with regard to the Other Services, the Payment Deadline for the applicable Service; and
  3. in relation to the Annual Memberships, the Payment Deadline for Annual Memberships.

Effective Date” means the date on which the Business sends the Client a Booking Confirmation or otherwise confirms the provision of the Services to the Client.

Fees” means each amount as specified in Schedule 1 (Pricing Schedule) hereto expressed to be applicable to each Service, or as agreed in writing from time to time between the Parties, subject to any amount as specified in the Booking Confirmation as consideration for the Services, or as agreed from time to time between the Parties.

Other Services” means the Services identified as such in Schedule 1 (Pricing Schedule) hereto.

Monthly Services” means the Services identified as such in Schedule 1 (Pricing Schedule) hereto.

Payment Deadline” means:

  1. in relation to the payment of Fees for Monthly Services, the 1st day of the calendar month of the relevant Service Commencement Time, and each calendar month thereafter prior to the service of a Termination Notice;
  2. in relation to the payment of Fees for Other Services 24 hours before the scheduled Service Commencement Time; and
  3. in relation to the payment of Fees for Annual Memberships, the day before the relevant Year begins,

each as otherwise specified in the Booking Confirmation.

Services” means the services as specified in Schedule 1 (Pricing Schedule) hereto as requested or purchased by the Client, subject to any terms and conditions as defined in the Booking Confirmation in relation to the Services or as agreed from time to time between the Parties.

Service Commencement Time” means the date and/or time specified in the Booking Confirmation as the day on which the Business will provide the Services.

Service Termination Date” means the day on which a Termination Notice has been served.

Students” means the individual or individuals for the benefit of whom the Services are purchased and who will attend the Services (which, for the avoidance of doubt, may include the Client themselves).

Termination Notice” means a written notice delivered to the Client (whether in physical or electronic form) by the Business expressing the intent to terminate the agreement between the Parties in accordance with clause 5(c) (Cancellation and Termination) hereto.

Websites” means www.WingChunKuen.co.uk and www.martialartstudio.co.uk as well as any other media form, media channel, mobile Website or mobile application related, linked, or otherwise connected thereto.

Year” means each period of 365 days (or 366 days if such period begins on a day that falls in a leap year) beginning on the day the relevant Annual Membership is purchased.

2. Services.

From the Effective Date, subject to:

    1. The receipt of the Fees on or before the Payment Deadline; and
    2. (except in relation to the 4-week trial of Wing Chun group classes or the first four sessions of Wing Chun 1-2-1 private tuition or Wing Chun small group private tuition purchased by the Client) the purchase of an Annual Membership for the relevant Student or family of Students and a uniform for each student;

The Business shall provide the Services to the Client and shall perform such other duties and tasks, or changes to the Services, as may be agreed upon by the Parties.

  1. The Business shall use reasonable endeavours to accommodate the Client’s requirements regarding the Services. Notwithstanding the foregoing, in the event that any requirements in relation to the Services cannot, in the Business’s reasonable view, be provided, the Business shall not be obligated to accommodate such requirements. In such circumstances, the Business and the Client shall agree on amendments to the Services in good faith.
  2. The Client undertakes to respect (and procure the Students’ respect for) the safety, dignity, and rights of all other customers and students of the Business in the course of the Services and uphold the spirit of self-defence, safety, and the ‘zero-ego policy’ in the course of the Services.
  3. The Client undertakes that they shall be reasonably responsible for the Students’ safety, adhere to instructions and standards of safety as required by the Business, and refrain from engaging in high-risk actions, in actions outside the reasonable supervision of the Business, or actions otherwise contrary to the ordinary course of the Services (the “Safety Standards”). The Client undertakes to procure the Students’ adherence to the Safety Standards.
  4. The Business shall provide testing services from time to time as agreed between the Business and the Client, in consideration for a grading fee to be paid by the Client.
  5. The Client is responsible for attending classes; failure to attend such classes does not give the Client the right to a refund or reduce future service fees.

3. Compensation.

In consideration for the Business’s performance of the Services, the Client shall pay the Business the Fees in full.

  1. Fees shall be received in full by the Business on or before the relevant Payment Deadline.
  2. In the event the Business has not received the Fees in full by the relevant Payment Deadline, but the relevant Services have not been cancelled in accordance with this Agreement prior to the relevant Service Commencement Date, an extra administrative charge of £20 shall be payable by the Client, and the outstanding amount (including, for the avoidance of doubt, the aforementioned additional charge) shall accrue interest at the rate of 10 per cent per annum from day to day from the Payment Deadline until the Business has received such outstanding amount in full.

4. Expenses.

All costs and expenses incurred by the Business in connection with the performance of the Services shall be the sole responsibility of and paid by the Client unless expressly waived by the Business in writing.

5. Cancellation and Termination.

The Business’s engagement with the Client under the Agreement shall commence on the Effective Date. The Parties agree and acknowledge that the Business’s obligations under the Agreement shall terminate on the Service Termination Date.

  1. The Parties shall have the right to terminate the Agreement with no less than 30 calendar days’ notice and/or cancel the purchase of any or all Services to be provided in the future before the relevant Cancellation Deadline. In the event that the Client purports to terminate the Agreement (or breaches or notifies the Business of its intention to breach its obligations under this Agreement, whether in relation to some of the Services or all of the Services) without the necessary notice as required hereto, the Business reserves the right to retain (or demand the payment of) the Fees in relation to the Services concerned by such breach for its own account.
  2. In the event the Client breaches any of the terms, representations and/or warranties under the Agreement, the Business reserves the right to terminate the Agreement by serving a Termination Notice. For the avoidance of doubt, the Business shall be entitled to retain (or demand the payment of) any or all of the Fees for its own account.
  3. The representations, warranties, and indemnities in this Agreement shall continue in full force and effect after the Service Termination Date.

6. The Business. 

 The Parties agree and acknowledge that the Business is an independent business and is not, for any purpose, an employee of the Client. The Business does not have any authority to enter into agreements or contracts on behalf of the Client and shall not represent that it possesses any such authority. Nothing contained in the Agreement shall be deemed or construed by the Parties to create the relationship of a partnership, a joint venture or any other fiduciary relationship.

7. Ownership of Work Product. 

 The Parties agree that all work products or other materials (such as but not limited to training videos, advice, membership and grading booklets) created and developed by the Business in connection with the performance of the Services under the Agreement and any resulting intellectual property rights (collectively, the “Work Product”) are the sole and exclusive property of the Business. The Parties acknowledge that the Client shall have the license to use such Work Product in connection with the Services.

8. Delegation

The Business may sub-contract or delegate the performance of any or all of the Services to any party whom it reasonably believes is capable of, and experienced in, performing the functions to be sub-contracted or delegated to it, provided that:

  1. no such sub-contracting or delegation by the Business will release or discharge the Business from any of its obligations under the Agreement, and the Business shall remain liable for any act or omission of any party to whom it so sub-contracts or delegates; and
  2. the Business shall be solely responsible for any fees and expenses payable to any such sub-contractor or delegate.

9. Representations and Warranties. 

 Each Party represents and warrants that it has full power, authority and right to transact under the Agreement, has full power and authority to perform its obligations under the Agreement and has taken all necessary action to authorise the transaction under the Agreement.  No other consents are necessary to enter into or perform obligations under the Agreement.

  1. The Business represents and warrants that it will perform the Services according to the Client’s guidelines and specifications (as agreed between the Parties from time to time and subject to Clause 2 (Services)) and with the standard of care prevailing in the industry, including a high standard of safety and supervision over students.
  2. The Client represents and warrants that it understands and is able and willing to comply with (and that the Students understand and are able and willing to comply with) the Safety Standards and acknowledge that the failure of the Client or the Students to comply reasonably with the Safety Standards shall not constitute negligence on the part of the Business.

10. Indemnification. 

 The Parties shall indemnify and hold harmless each other from any damages, claims, liabilities, loss and expenses, including reasonable legal fees, arising out of any act or omission of the Party in breach of the Agreement (including, for the avoidance of doubt, its respective representations and warranties). Any liability of the Business arising under its agreement with the Client shall be limited to the amount of the Fees.

  1. Notwithstanding anything to the contrary elsewhere in the Agreement, under no circumstances will the Business be liable to the Client for any consequential loss (being the loss of business, goodwill, opportunity or profit), even if advised of the possibility of such consequential loss.
  2. The Business shall not be responsible for any liability resulting from the personal injury or death of the Client, except in the case of fraud, wilful misconduct or negligence on the part of the Business. For these purposes, the Client acknowledges clause 9(c).
  3. The Business shall not be responsible for any liability for any damages resulting from the Client’s breach of this Agreement, including, for the avoidance of doubt, the Client’s obligations under clause 2(d). The Client shall indemnify the Business for any liability resulting from any personal injuries or deaths resulting from the Client’s breach of this Agreement. For these purposes, the Client acknowledges clause 9(c).

11. Governing Law.

The Agreement and the rights of the Parties hereto shall be governed exclusively by the laws of England.

12. Disputes.

Any dispute arising from the Agreement shall be resolved through mediation. Suppose the dispute cannot be resolved through mediation, then, at the Business’s discretion. In that case, the dispute can be resolved through binding arbitration in accordance with the London Court of International Arbitration rules.

13. Binding Effect.

The Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

14. Assignment.

The respective rights of each Party under the Agreement cannot be assigned, transferred or sold without the prior written consent of the other Party.

15. Entire Agreement.

The Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereto and supersedes all prior negotiations, understandings and agreements of the Parties.

16. Amendments. 

 No supplement, modification or amendment of the Agreement will be binding unless both parties agree in writing.

17. Notices.

Any notice or other communication given or made to either Party under the Agreement shall be in writing and delivered by electronic mail or by hand, sent by overnight courier service or sent by certified or registered mail, return receipt requested, to the address as that Party may designate by notice, and shall be deemed given on the date of delivery.

18. Waiver.

Neither Party shall be deemed to have waived any provision of the Agreement or the exercise of any rights held under the Agreement unless such waiver is made expressly and in writing. Waiver by either PA waiver of a breach or violation of any provision of the Agreement shall not constitute a waiver of any subsequent or other breach or violation.

19. Further Assurances.

At the request of one Party, the other Party shall execute and deliver such other documents and take such other actions as may be reasonably necessary to effect the terms of the Agreement.

20. Severability.

If any provision or the Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in the Agreement.

21. Force Majeure

Neither Party shall be liable for any failure to perform under the Agreement when such failure is due to causes beyond that Party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy.  In the event of such delay, the date of delivery or time for completing the Services will be extended by a period of time reasonably necessary by both Parties. If the delay remains in effect for over thirty days, the Business may terminate this Agreement immediately upon written notice to the Client.

Schedule 1

 Pricing Schedule

 

Service

Fees **

Notes

Annual Membership (per adult) £50 per year
Yearly Membership (per child) £40 per year
Annual Membership (per family of 3 or more Students) £100 per year
Monthly Services
Wing Chun adult group classes (per adult) £65 per month
Wing Chun junior group classes (per child) £50 per month
Other Services
A 4-week trial of Wing Chun group classes (per Student) £20
60-minute Wing Chun 1-2-1 private tuition £60 per session
90-minute Wing Chun 1-2-1 private tuition £80 per session
120-minute Wing Chun 1-2-1 private tuition £100 per session
Wing Chun small-group private tuition for 2 Students £60 per hour
Wing Chun small-group private tuition for 3 Students £70 per hour
Wing Chun small-group private tuition for 4 Students £80 per hour
Wing Chun family session for 2 Students £60 per hour
Wing Chun family session for 3 Students £70 per hour
Wing Chun family session for up to 5 Students £80 per hour

 

** All Fees are subject to what is agreed in writing between the Parties from time to time

 

*** All Fees exclusive of the Annual Membership