Standard Terms and Conditions
These terms and conditions apply to the provision of ultimate frisbee and/or multi-sport coaching services by Youth Ultimate UK Limited (“YUUK”) (UK company number 16763941) to any school, organisation, parent or guardian engaging YUUK for coaching or other ancillary services. By signing an Order Form or otherwise confirming in writing that you wish to receive coaching services from YUUK, you agree to be bound by these terms and conditions.
1. Definitions and Interpretation
In these terms and conditions, the following definitions apply: “Client” means the school, organisation, parent or guardian named in the Order Form or other written confirmation. “Coach” means the coach(es) and any volunteers engaged by YUUK to deliver the Coaching. “Coaching” means the ultimate frisbee and/or multi-sport coaching sessions to be delivered by YUUK as set out in the Order Form or otherwise agreed in writing. “Order Form” means any written order, schedule or confirmation issued by YUUK and accepted by the Client describing the Coaching, timing and fees. “Academic Year” means the period customarily used by the relevant educational institution. “Writing” includes email. Headings do not affect interpretation.
YUUK operates under the trading names “Youth Ultimate UK” or “YUUK” and (i) in respect of its operations in the area of Brighton and Hove, UK, “Brighton Youth Ultimate” or “BYU” and (ii) in respect of its operations in the area of Guildford, UK, “Guildford Youth Ultimate” or “GYU” (together, the “Trading Names”). In each case, the contracting legal entity will be YUUK.
2. Basis of Contract
The contract comprises these standard terms and conditions and the Order Form. In the event of conflict, the Order Form prevails over these terms only as to the description of the Coaching, dates, locations and fees. No other terms, including any the Client seeks to impose, apply unless expressly agreed in writing by YUUK or otherwise applied pursuant to section 11 below.
3. Appointment and Duration
The Client appoints YUUK to provide the Coaching on the dates and times agreed in the Order Form or otherwise confirmed in writing. Unless otherwise agreed in writing, the Coaching will continue for the Academic Year commencing after the date of the Client’s confirmation, or, if confirmed during the Academic Year, for the remainder of that Academic Year.
4. Fees, Invoicing and Payment
The Client shall pay the fees specified in the Order Form or otherwise agreed in writing. Unless otherwise agreed in writing, YUUK will issue invoices in advance on a termly basis. Invoices will be sent to the email address provided by the Client and are payable within 30 days of the invoice date. For bookings made three months or more in advance, a 20% deposit will be payable on the date of booking (which will be refundable if the booking is cancelled more than one month before the date of the first session, but shall otherwise be non-refundable), with the remaining 80% of fees being invoiced in accordance with the regular invoice schedule. YUUK may suspend or cancel Coaching sessions or terminate the contract if payment is not received on time.
Without prejudice to other rights, overdue amounts accrue interest at 4% per annum above the Bank of England base rate from the due date until payment in full and the Client shall indemnify YUUK for reasonable costs of collection. All fees are exclusive of VAT or similar taxes unless stated otherwise; VAT will be charged where applicable.
5. Safeguarding, Vetting and Insurance
YUUK is subject to the UK Ultimate Code of Conduct (available at: Ultimate Coaches: UKU Coaches Code of Conduct update — UK Ultimate) (but is not authorised or otherwise supervised by UK Ultimate or any other governing body or authority) and maintains public liability insurance. YUUK will notify the Client promptly if these statuses cease or materially change.
Where required or appropriate, YUUK will liaise with the Client’s safeguarding officer and may liaise with UK Ultimate’s safeguarding team if deemed necessary. The Client is responsible for ensuring appropriate safeguarding policies are in place for its facilities and attendees (if applicable).
6. Health and Safety; Risk Assessment
The Coach will undertake a risk assessment prior to each Coaching session and YUUK will notify the Client reasonably promptly if, in the Coach’s reasonable opinion, the session should be cancelled or rescheduled for health and safety reasons. The Client is responsible for providing safe, suitable facilities and appropriate equipment (if applicable), ensuring that the participants are wearing appropriate clothing and footwear, and for notifying YUUK in advance of any known hazards, health concerns, or required adaptations.
7. Client Obligations
If the Client is a school or other organisation, the Client shall: provide access to suitable indoor or outdoor facilities and equipment; ensure appropriate supervision of minors by the Client’s staff unless agreed otherwise; promptly inform YUUK of any anticipated low attendance (fewer than five participants, unless otherwise agreed) and cooperate in deciding whether to cancel or reschedule; provide relevant medical, accessibility and emergency contact information for participants; obtain any necessary consents from parents/guardians and comply with applicable safeguarding and data protection laws.
If the Client is a parent or guardian, the Client shall: provide relevant medical and emergency contact information in respect of each participant for whom they are responsible; notify YUUK in advance of the details of any alternative responsible adult who will be picking up a participant from one or more sessions; use reasonable efforts to notify YUUK in advance if they anticipate non-attendance by the participant(s) for whom they are responsible.
8. Cancellation and Rescheduling
This first paragraph is applicable to Clients who are a school or an organisation. If the Client wishes to cancel or reschedule a session, at least 48 hours’ notice is required unless the cancellation or rescheduling is outside the Client’s reasonable control, including adverse weather (where relevant), staff shortages or health and safety issues. For outdoor sessions affected by adverse weather, the Client will use reasonable efforts to provide an appropriate indoor space (e.g., sports hall or school hall on the same site) before seeking to cancel or reschedule.
For all Clients, the Coach may cancel or reschedule due to risk assessment outcomes, health and safety concerns, illness or injury of the Coach, facilities issues or other events outside YUUK’s reasonable control. YUUK will use reasonable endeavours to offer an alternative date where practicable.
9. Attendance; Minimum Numbers
For Clients that are a school or an organisation, the Client agrees to notify YUUK promptly if only a small number of students are expected to attend a session. The parties will agree whether the session should proceed, be cancelled or rescheduled.
For all Clients, if attendance falls below five participants (or such other number as agreed between the parties), YUUK may cancel or reschedule one or more sessions.
10. Refunds
No refund of fees will be due for any cancelled or rescheduled session unless the cancellation is caused by the fault of the Coach. No refund will be provided where cancellation or rescheduling is caused by events outside YUUK’s or the Coach’s reasonable control, including adverse weather, illness or injury of participants, poor facilities or other health and safety concerns.
11. Changes and Variations
No amendments to the Order Form are effective unless made in writing and agreed by YUUK and the Client. YUUK may update these standard terms from time to time and will publish or provide the updated terms to the Client. YUUK will provide the Client with reasonable advance notice of any material changes to these standard terms and, unless otherwise agreed between the parties, the updated version of the standard terms shall automatically apply to the Client from the date of provision of those updated terms to the Client.
12. Status and Personnel
YUUK acts as an independent contractor. YUUK may assign or subcontract the delivery of Coaching to suitably qualified independent coaches or volunteers, provided that appropriate safeguarding and vetting requirements are maintained. Nothing in the contract creates a partnership, joint venture or employment relationship between YUUK (or the Coach) and the Client.
13. Intellectual Property
13.1 All intellectual property rights, including copyright, in any materials, methodologies, content, session plans, handouts, exercises, photographs, audio or video recordings, and other works provided or created by YUUK in connection with the Coaching (“YUUK Materials”) shall remain owned by YUUK or its licensors.
13.2 Subject to payment of the applicable fees, YUUK grants the Client a non‑exclusive, non‑transferable, revocable licence to use the YUUK Materials solely for the Client’s internal purposes in connection with the Coaching, and not for commercial exploitation, publication, or onward distribution. The Client shall not copy, adapt, modify, sublicense, or share the YUUK Materials with third parties without YUUK’s prior written consent.
13.3 The Client shall not use YUUK’s name or logo (or the name or logo of any of its Trading Names), or make any public statements implying endorsement by YUUK, without YUUK’s prior written consent. YUUK shall not use the Client’s name or logo in marketing without the Client’s prior written consent.
13.4 Where the Client wishes to photograph, film or otherwise record any Coaching session, the Client shall obtain all necessary consents from participants and from YUUK in advance, and any such recordings shall be used only for internal, non‑commercial purposes of the Client unless otherwise agreed in writing.
13.5 The Client acknowledges that certain materials may include third‑party content licensed to YUUK; the Client’s use of such content is subject to any applicable third‑party licence terms notified by YUUK.
13.6 Nothing in this clause assigns any intellectual property rights to the Client. To the extent permitted by law, the Client shall not remove any copyright notices or attribution from the YUUK Materials and shall not make alterations that would be prejudicial to the authors’ moral rights.
14. Data Protection and Privacy
Each party shall comply with applicable data protection laws, including the UK GDPR and Data Protection Act 2018 (as may be amended or replaced from time to time). If the Client is a school or organisation, the Client shall ensure that it has provided appropriate privacy notices and obtained any necessary consents from parents/guardians and participants for the processing of personal data by YUUK in connection with the Coaching. YUUK will process personal data in accordance with its privacy policy (which is available on the YUUK website: www.youthultimate.co.uk).
15. Confidentiality
Each party shall keep confidential all information disclosed by the other which is marked confidential or would reasonably be considered confidential, and shall use such information only for the purposes of performing the contract, except where disclosure is required by law or a competent authority.
16. Liability and Indemnification
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited or excluded by applicable law. Subject to the foregoing, (i) YUUK shall not be liable for, and shall be indemnified by the Client in respect of, any losses suffered in relation to this contract or the Coaching except where caused by YUUK’s gross negligence or fraud and (ii) YUUK shall not be liable for: loss of profits, revenue, goodwill or anticipated savings; indirect or consequential loss; or loss arising from the Client’s failure to provide safe facilities, adequate supervision, accurate information or to follow reasonable instructions (as applicable). Subject to any restrictions under applicable law, YUUK shall not be liable for any negligence or fraud, or any breach of this agreement, by any Coach provided that YUUK has provided reasonably appropriate supervision of the provision of the Coaching by the relevant Coach.
Except where not permitted by applicable law, and subject to the foregoing paragraph, YUUK’s total liability arising under or in connection with the contract shall not exceed the total fees paid or payable by the Client for the Coaching in the Academic Year in which the claim arises. If the Client is a school or organisation, the Client remains responsible for its own insurance for participants and facilities.
The Client acknowledges that participation in sport carries inherent risk and agree that YUUK’s liability is limited as set out above.
17. Force Majeure
Neither party is in breach or liable for delay or failure to perform due to events beyond its reasonable control and without fault or negligence, including extreme weather, strikes, epidemics, utility failures, facility closures or acts of government. The affected party shall notify the other and take reasonable steps to mitigate. If a force majeure event prevents performance for more than 30 days, either party may terminate the affected Coaching on written notice without liability.
18. Termination
In addition to YUUK’s right to suspend or cancel for non-payment, either party may terminate the contract with immediate effect by written notice if the other party commits a material breach not remedied within 14 days of notice, or if a safeguarding or health and safety concern reasonably justifies termination. Termination does not affect accrued rights and obligations. Clauses that by their nature should survive termination (including fees, intellectual property, confidentiality, liability, governing law and jurisdiction) shall survive.
19. Notices
A reference to “in writing” includes email. Notices and formal communications shall be sent to the email addresses set out in the Order Form or otherwise notified in writing. Notices are deemed received when the sending party’s email shows successful transmission, provided no delivery failure notice is received.
20. Non-Solicitation
During the term and for six months thereafter, the Client shall not, without YUUK’s prior written consent, solicit the employment or engagement of any Coach involved in delivering the Coaching, other than through YUUK.
21. Third Party Rights
No one other than a party to the contract has any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
22. Severability and Waiver
If any provision is found invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force. A failure to exercise, or delay in exercising, any right or remedy does not constitute a waiver.
23. Entire Agreement
The contract constitutes the entire agreement between the parties regarding the Coaching and supersedes all previous agreements, understandings and representations relating to its subject matter. Each party acknowledges that it does not rely on any statement not set out in the contract.
24. Governing Law and Jurisdiction
These terms, the Order Form, and any dispute arising out of or in connection with them or their subject matter, are governed by English law. The courts of England and Wales have exclusive jurisdiction in respect of any claims or disputes.
25. Contact Details
YUUK: admin@youthultimate.co.uk
Client: as set out in the Order Form.
Any contact with a Coach must be made through YUUK.
Acceptance
By signing the Order Form or confirming acceptance in writing, the Client agrees to be bound by the Order Form and these terms and conditions.