When you register an application with us for a sports trial, we want you to be completely satisfied with the service we provide to you (and to the trialist, if this is a separate person). For clarification, reference to “you” in these Terms is reference to both the trialist and to anyone making an application for a sports trial on behalf of a trialist.
Please read these Terms carefully and make sure that you understand them before making an application to attend a sports trial. If you want to go through anything with us before you apply then let us know. However, if you do not accept these Terms, you will not be able to attend the sports trial.
1. Information about us and contact details
1.1 We operate the website (www.wearescl.co.uk). “We” are SCL Education & Training Limited Company Number: 08643730, a company registered in England and Wales and with our registered office at SCL, Unit 7, Lakeside Business Park, Sandhurst, Berkshire GU47 9DN.
2. Our Services
2.1 We offer sports academies for 16 - 18 year olds which means (provided the playing ability is of a high enough standard at a sports trial), a 2-year full time education and sporting excellence programme delivered with our authorised delivery partner, we call this “the Study Programme” and you can find more about it either online (wearescl.co.uk) or at our venues.
2.2 Not every activity pictured in our literature or on the website is available at every venue so please check venue-specific details using our website to find what’s available and where.
2.3 Each sports trial may vary and will be determined by our staff (and/or those of our authorised delivery partners) on a case-by-case basis. Each sports trial will be dependent on the venue, group size, your individual fitness, the weather and may also change from day to day at the discretion of our staff or the staff of our authorised delivery partner.
2.4 You may apply for a sports trial on our website on an available date; the person applying to do the sports trial must be 16 years old (or 15 years old, to be 16 years old on or before the 1st September of that year) at the time of starting the sports trial and be a keen sports person with a reasonable fitness and playing ability.
2.5 Once your application has been submitted, we may then send information to authorised delivery partners who will then have sole responsibility for the selection of trialists from the applications submitted. In the event that you are selected to attend a sports trial, we will let you know. So, if you haven’t heard from us a week before your sports trial date, please let us know and we will check for you. If you have a confirmed sports trial then we will send you confirmation. We will also let you know if you have not been selected to attend a sports trial.
2.6 In the event that a confirmation is issued in respect of a sports trial, you acknowledge that we are acting on behalf of the authorised delivery partner and that they administer and operate the practical elements of the sports trial.
2.7 We get information from our authorised delivery partner including trial dates, venues and times. Whilst we take every effort to confirm this information, we are unable to accept liability for incorrect information or a change in trial date or location, and will let you know as soon as possible if we find out about an error or change in information previously given to you.
2.8 By applying for a sports trial, you acknowledge that the trialist is not guaranteed to be offered a place on our Study Programme. Any application is submitted solely on a speculative basis. The selection of trialists for the Study Programme is strictly subject to availability and the trialist complying with the academic and practical competencies specified by the authorised delivery partner and us.
3. Attendance at the sports trial and next steps.
3.1 When the trialist attends a sports trial on the date confirmed, it is understood that the trialist is responsible for meeting basic fitness requirements. If the trialist is unwell we ask that you let us know and we shall let you know of a new trial date as soon as we can.
3.2 The trialist shall be responsible for their own transport to and from the premises of the authorised delivery partner.
3.3 It is important that you let us know if the trialist can’t make a trial date, whatever the reason, because, if they do not turn up to a sports trial and do not tell us before hand, then we shall not be able to accept the trialist on any future sports trials with other authorised delivery partners.
3.4 Places may be offered on the Study Programme following the sports trial based on a trialist’s ability and at the sole discretion of our authorised delivery partner.
3.5 If you wish to appeal a decision of non-acceptance to the Study Programme please do so in line with our complaints procedure (section 12 below) and this shall be considered by us and by the authorised delivery partner, reasonably and fairly. You accept that the decision of any appeal is final.
3.6 The Study Programme includes both vocational and educational elements and is provided without cost to you, and delivered at a location affiliated to our authorised delivery partner. If you are accepted on the Study Programme you will receive confirmation, details and location(s) and the subsidised cost for the purchase of kit. You are responsible for your own transport costs to and from a venue.
Whilst we take reasonable steps to ensure that authorised delivery partners comply with their obligations, we cannot accept liability to you in the event that an authorised delivery partner fails to do so. In the event that any sports trial is cancelled for any reason due to the non-compliance of our authorised delivery partner, we will use our reasonable efforts to arrange another sports trial on another date and this will be our sole liability to you.
4.1 Our authorised delivery partners will be responsible for administering first aid during any sports trial.
4.2 First Aid will be administered in the event of an accident while in our care or the care of our authorised delivery partners. If the accident is serious, we may need to call the emergency services. We have comprehensive policy and procedures for major accidents that all our staff are trained on, specifically please note:
4.2.1 our staff are not qualified to administer any medication (including “EpiPens”). However, these medications may be administered to trialists under the age of 18 where we hold the prior written consent of the trialist’s parent or guardian in such form as we might require from time to time;
4.2.2 before the sports trial, it is your responsibility to notify us of any medical conditions or allergies from which the trialist may suffer from. In the event that you wish to discuss specific requirements, please contact us. We reserve the right to immediately cancel the sports trial where medical information is not disclosed in advance of a sports trial.
5. Behavioural Standards and Exclusion
5.1 We expect all trialists to behave at all times in a manner that is acceptable to both fellow trialists and all staff.
5.2 We reserve the right to exclude a trialist from the sports trial where he/she fails to maintain the required behavioural standard. Such failure shall include, but not be limited to, bad behaviour, harassment, racial, sexual, verbal or physical bullying of a fellow trialist or member of staff.
6. Cancellation by you.
6.1 If you change your mind before or after the sports trial is due to take place or you decide for any other reason that you do not want to participate in a sports trial, you can notify us of your decision to cancel in writing. The easiest way to do this is to e-mail us at firstname.lastname@example.org with cancellation taking place on acknowledgement of your e-mail.
6.2 If you do not turn up to your sports trial and you have not contacted us to inform us the reason for your non-attendance then we may exclude you from other sports trials in the future.
7. Cancellation by us, or our authorised delivery partner
7.1 We, or our authorised delivery partner may have to cancel a sports trial and we will not have liability or obligation to you if the cancellation is due to an Event Outside Our Control, the unavailability of key personnel or key materials, or any other reasonable reason, without which neither we, nor our authorised delivery partner, would be able to provide the relevant sports trial. If this happens we will promptly contact you to let you know. And will try and arrange alternative dates and trial
7.2 We may cancel the sports trial at any time with immediate effect by giving you written notice if:
7.2.1 you do not turn up when you are supposed to;
7.2.2 you break these terms in any material way;
7.2.3 you fail to comply with the behavioural and disciplinary standards reasonably expected of a trialist taking part in the sports trial;
7.2.4 you fail to disclose any relevant medical information about the trialist or disclose information which we believe will prevent us providing our services safely or effectively;
7.2.5 you fail to meet the standards for both the practical and educational elements reasonably expected of a trialist or as otherwise specified by the relevant authorised delivery partner; or
7.2.6 our authorised delivery partner is no longer able to provide the sports trial for any reason.
8. Our liability
8.1 We and our authorised delivery partners (for this section 8, collectively referred to as “our”) are responsible for loss or damage you suffer that is a foreseeable result of our material breach of these Terms or our negligence, but we are not responsible for, without limitation, cancellations, loss of revenues, injuries, death, theft or loss or damage to property arising and/or any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time you accepted these Terms.
8.2 We and our authorised delivery partner(s) will not be liable for: (i) any missed opportunity arising from any Study Programme being unavailable or cancelled; the trialist not being selected by an authorised delivery partner or achieving expected educational standards for any reason; or (ii) any termination or cancellation of these Terms; or (iii) any failure by you to comply with these Terms or provide accurate information whether medical or otherwise;
8.3 We do not in any way exclude or limit our liability for: (i) death or personal injury caused by our negligence; or (ii) fraud or fraudulent misrepresentation.
8.4 Neither we nor the authorised delivery partner providing the facility shall be liable for direct or indirect losses if we, they, or a venue or facility we use closes.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
9.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation loss of funding, staff not turning up, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
9.3.1 we will contact you as soon as reasonably possible to notify you; and
9.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a Study Programme to a trialist, we will arrange a new Course Date with you after the Event Outside Our Control is over.
10. Other important terms
10.2 Our staff. All of our staff have Disclosure and Barring Service checks (DBS checks) in place. We cannot be held responsible for any incorrect or fraudulent information provided by any individual when completing their DBS checks.
10.3 Equal Opportunities: We are an equal opportunities employer and welcome all trialists regardless of their gender, race, sexuality or religion. We reserve the right to select trialists based on their technical ability in line with our established criteria. However, in the case of School Services, trialists are welcome regardless of technical ability.
10.4 Lost Property: We are unable to accept liability for lost, stolen or damaged items. To assist in the return of lost property, please ensure that clothing and other belongings are clearly labelled with the trialists. Lost property will be kept at the club
10.5 Photography: From time to time we take photographs at our courses for our marketing and promotional purposes.
10.6 Insurance: We will maintain an appropriate policy of Public Liability Insurance and other professional insurances that we may deem appropriate or be required to hold by law.
10.7 Transfer of Rights: We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on our website if this happens.
10.8 Third Parties: These Terms create a contract between you and us. Other than as provided by us in these Terms, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.9 Severance: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect or the court may modify them to ensure that they comply with the then current laws or to make them enforceable on the same terms.
10.10 Waiver: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11. Change of Terms: We may change these Terms from time to time.
11.1 If we have to change these Terms whilst they apply to you, we will contact you to give you reasonable notice of the changes.
11.2 Governing Law: Please note that these Terms are governed by English law. You, the trialist and us agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
12.1 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0845 6445747 or by e-mailing us at email@example.com.
12.2 We are fully committed to delivering the highest standards; such that every trialist has a fantastic experience of any sports trial. However, if you, or any trialist, are not entirely satisfied with what we provide, we would like to hear about it as soon as possible. Any complaint will be taken very seriously and in the strictest confidence.
12.3 In the first instance, the complaint should be made to the venue leader or course tutor, who will look into the matter. If you feel the response to the complaint is not acceptable or you would like to take the grievance further, the complaint should be made in writing and addressed to: The Operations Director, SCL, Unit 7, Lakeside Business Park, Sandhurst, Berkshire GU47 9DN.
12.4 When we refer, in these Terms, to "in writing", this will include e-mail.