Terms and Conditions

Sport Lived Limited is a company registered in England and Wales under company registration number 5174136 having its registered office at Sherwood House, 7 Gregory Boulevard, Nottingham, NG7 6LB and its trading address at The Hive, The Maudslay Building, Burton Street, Nottingham, NG1 4BU (“We, Us, Our”).

By applying to take part in a Sport Lived Programme, you confirm that you have read, understood and accept these terms and conditions. Your application will be treated as an offer to purchase services from Sport Lived Limited, and no contract will be formed until We send you written confirmation of Our acceptance of your offer.

We reserve the right to amend, alter or modify these terms and conditions at any time. Such amendments, alterations and modifications will have immediate effect once they have been posted on Our website www.sportlived.co.uk. We advise that you refer to the terms and conditions on the website from time to time in order to ensure that you are aware of any changes to the terms and conditions.

1. Interpretation

The following definitions apply throughout these terms and conditions unless the context requires otherwise:

“Academy”

the sporting academy offering the Academy Programme;

“Academy Programme”

the participation in an Academy in the City;

“Accommodation”

the Property or Dormitory;

“Additional Activities”

any activities organised by Us or Our employees which you are given the option to attend throughout the duration of the Programme;

“Application”

the Sport Lived application form completed by you and which sets out the details of the Programme in which you wish to take part accompanied by such documentary evidence as We might reasonably require to support your training, qualifications, skills and abilities;

“Balance”

the balance of the Price remaining after any part-payment (including the Deposit);

“Bond”

the refundable deposit for the Property as set out on the Confirmation;

“City”

the host city, as stated in the Confirmation;

“Club”

the sports club which may host you, as set out in the Confirmation;

“Coaching Company”

the company, school or other organisation which employs sports coaches and/or umpires and to whom We may introduce you with a view to them employing you as a coach and/or umpire;

“Confirmation”

the confirmation issued by Us to you confirming the specifications of the Services that We will provide to you, the Price and acceptance of your offer;

“Deposit”

the deposit as set out in the Application, which is payable by you upon submission of the Application to Us;

“Dormitory”

accommodation in a shared dormitory at the Academy which may be offered to you in accordance with condition 8;

“Information Pack” and “Handbook”

a pack of documents given by Us to you providing general information in relation to organising flights, travel insurance and a working holiday visa and a book containing useful information on the City;

“Membership Fee”

the fee paid by Us (if any) to the Club to enable you to become a member of that Club;

“Mentor”

the person who may be appointed by Us from time to time who will act as a point of contact for you in the City during the duration of the Programme;

“Payment Date”

the date or dates specified on the Confirmation on which the Price or any Balance becomes due and payable;

“Play Sport Programme”

the membership of a Club in the City;

“Price”

the amount payable by you to Us as set out in the Confirmation;

“Programme”

the Sport Lived programme as set out in the Confirmation;

“Programme Co-ordinator”

the individual appointed by Us from time to time who will be responsible for liasing between Us, any Mentor and you during the continuance of the Programme;

“Property”

accommodation in a furnished house or flat which may be offered to you in accordance with condition 8;

“Services”

the introductory and other services that We will provide to you relating to the Programme in which you will participate, in return for which you will pay Us the Price as set out in the Confirmation;

“Sport”

the sport in which you will be involved as part of the Programme and as referred to in the Confirmation;

"Supplemental Terms and Conditions"

any additional terms and conditions notified to you by Us as being applicable to the Programme chosen by you;

“Terms”

these terms and conditions, any Supplemental Terms and Conditions and any other terms and conditions set out in the Application and/or the Confirmation;

“you”

the person identified on the Application who will be undertaking the Programme.

2. INCORPORATION

These Terms shall apply to Our relationship with you and to the Services that We supply to you to the exclusion of all other terms and conditions and shall prevail over all other inconsistent terms that you wish to apply to that relationship.

Variations to these Terms shall have no effect unless approved in writing by a director of Sport Lived Limited.

No Application submitted by you shall be deemed to have been accepted by Us until We have issued a Confirmation to you.

3. THE PROGRAMME

In consideration for you paying the Price in accordance with these Terms, We will supply the Services relating to that Programme as requested by you on the Application, and confirmed by Us in the Confirmation.

You agree that throughout the duration of the Programme you will:

comply with these Terms, any Supplemental Terms and Conditions and all rules, regulations, policies and procedures of the Club, Academy or Coaching Company, that may be notified to you from time to time and to conduct yourself at all times in a manner that is in the best interests of the Club, Academy, Coaching Company, Sport Lived Limited, and the Sport. You will not act in any way which might reasonably be expected to bring yourself, the Club, the Academy, the Coaching Company, Sport Lived Limited or the Sport into disrepute;

pay any and all money owed by you to the Club, Academy, Coaching Company, Sport Lived Pty or Sport Lived Limited promptly, and in full; and inform Us of any change or amendment to the information supplied by you to Us which might reasonably be expected to affect your Application and/or ability or suitability to participate in the Programme.

4. PLAY SPORT PROGRAMMES

If your Application relates to a Play Sport Programme and We have issued a Confirmation to you, We will provide the Services set out in the Confirmation by introducing you to the Club, liaising with the Club in order to arrange your membership of the Club, and paying the Membership Fee on your behalf.

Throughout the duration of the Programme you agree to make yourself available for matches in accordance with the requirements of the Club.

You acknowledge and agree that:

your membership of the Club will be governed by the Club’s rules and regulations and that Sport Lived will not be a party to that relationship, We cannot and do not guarantee that you will be selected for a team at the Club as this will be at the discretion of the Club; and We have placed you at the Club in good faith, based on the information supplied by you to Us.

5. ACADEMY PROGRAMMES

If your Application relates to an Academy Programme, We will provide the Services set out in the Confirmation in relation to your attendance at the Academy during the Programme.

The majority of Academies are operated by third-parties and you acknowledge and accept that where this is the case We have no control over the Academy, its rules, regulations, policies and procedures. Where an Academy is controlled by Us We will inform you that this is the case. Otherwise you may assume that the Academy is a third party academy We do not accept any responsibility or liability for their actions and We are not a party to any contract you may enter into with the Academy.

6. COACHING PROGRAMMES

If your Application relates to a Coaching Programme, We will pass your details including personal information, references and details relating to your training and qualifications on to the Coaching Company from time to time.

The Coaching Company may as a result engage you as a coach and/or umpire however We cannot and do not guarantee that the Coaching Company will so engage you.

If a particular Coaching Company does not so engage you, We will continue to provide the Services to you throughout the duration of the Programme.

You acknowledge that We have no control over the Coaching Company, its rules, regulations, policies and procedures and We do not accept any responsibility or liability for their actions or decisions. We are not a party to any contract you may enter into with the Coaching Company.

You warrant to Us that all details relating to your qualifications, training and abilities provided by you to Us on the Application are correct and are not misleading in any way.

7. PAYMENT

You will pay the Deposit to Us at the time of submitting your Application. The Deposit will be non-refundable save in the following circumstances where lack of availability of your chosen programme prevents Us from accepting your Application:

there are no places available at clubs in your chosen country (We may offer you places at clubs in different cities where available); or

there are no places available at your chosen academy within the time frame requested by you; or

there are no places available on Coaching Programmes in your chosen country.

You will pay the Balance to Us on the Payment Date as set out in the Confirmation.

The time for payment will be of the essence.

No payment will be deemed to have been received until We have received full and clear funds.

You will make payments due to Us without any deduction whether by way of set-off, counterclaim, discount abatement or otherwise.

Without prejudice to any other rights or remedy that We may have, if you fail to pay Us on the due date, We will have the right to suspend all Services and you will not be permitted to participate in the Programme until payment has been made in full.

8. ACCOMMODATION

The type of Accommodation that will be provided to you will be confirmed to you at the pre departure briefing that we will run prior to the start date of the Programme. You acknowledge and agree that the photographs and descriptions of Accommodation as contained in Our brochures and advertising materials are for general information only. We do not guarantee that the Accommodation provided will correspond with those descriptions or photographs and We reserve the right to require you to move Accommodation at any time during the continuance of the Programme for any reason without being liable to make any payment, compensation or refund to you or being otherwise liable to you in any way.

If the Confirmation states that you will be staying in a Property, the following terms will apply:

We will grant to you a licence to occupy the Property for the duration of the Programme.

We reserve the right to substitute the Property at any time. Where this is necessary We will use reasonable endeavours to ensure that such substitution will be of similar standard to the Property.

You will pay Us the Bond as set out in the Confirmation on the Payment Date.

You will comply with all rules and regulations regarding your occupancy of the Property as may be notified to you upon arrival at the Accommodation or upon request as the case may be and as varied from time to time.

We will use Our reasonable endeavours to place you with other participants on the Sport Lived Programme, although you acknowledge that this may not always be possible.

You will be responsible (jointly and severally with all other occupants of the Property) for all bills and expenses incurred at the Property save that We will pay all reasonable electricity, water and gas charges relating to the Property. You acknowledge and agree however that you will be responsible for all other costs and expenses relating to the Property including those electricity, water and gas charges that, in Our opinion, are unreasonable or excessive.

You must keep the Property in good condition and will be liable to Us for any damage caused to the Property and/or its fixtures and fittings. You will indemnify Us against all losses, costs, claims or damage arising from your occupation of the Property.

We will hold the Bond as security for any costs or charges arising out of or any damage caused to the Property during your occupancy of the Property whether so caused by you or a third party.

We will hold the Bond until the end date of the Programme and will then apply it towards the payment of any such costs or charges as are identified by the landlord or managing agent of the Property. The balance not so used will be returned to you.

If you are taking party in an Academy Programme, the Academy may provide you with accommodation in a Dormitory for the duration of the Programme at no further cost to you.

Where an Academy does provide you with a Dormitory:

We will pay the rent payable to the Academy for the duration of the Programme, on your behalf; and You agree to abide by all terms and conditions issued by the Academy in relation to your occupation of the Dormitory throughout the duration of the Programme.

In addition to the above you agree that during the Programme you will comply with all rules and regulations of the Accommodation as may be notified to you from time to time. Should you breach any such rules or regulations We will have no obligation to provide you with the Accommodation, replacement accommodation or to pay any rent on your behalf.

Except in the case of death and or personal injury caused by Our negligence, We will not be liable to you for any loss or damages you might suffer during your stay in the Accommodation.

You agree to indemnify Us against all losses, costs, claims or damage arising from your occupation of the Accommodation.

9. MENTOR

If specified in the Confirmation, We will appoint a Mentor. For the avoidance of doubt, where a Mentor is appointed We reserve the right to replace or substitute them at any time and for any reason.

You acknowledge that the Mentor is appointed by Us as a point of contact between yourself and Us. The Mentor is independently appointed by Us in good faith to assist in your settling into the City only, however, We cannot and to the greatest extent permitted by law do not accept any liability for the acts or omissions of the Mentor. For the avoidance of doubt We will not accept any responsibility for the acts or omissions of the Mentor where he or she is acting outside the strict limits of his or her employment contract.

The Mentor does not have any authority to bind Us in any contractual agreements with you. Any representations made by the Mentor will not be binding on Us unless they have been confirmed by Us in writing.

If you have any concerns relating to the Mentor and his or her acts or omissions, please contact the Programme Co-ordinator, who will be happy to address your concerns. If you do not know the name or contact details for the Programme Co-ordinator, please contact us at the address above and We will be happy to pass his or her contact information to you.

10. ADDITIONAL ACTIVITIES

We may from time to time throughout the duration of the Programme organise Additional Activities and where we think that these will be of interest to you We will inform you that they are to take place.

For the avoidance of doubt, Additional Activities are not part of the Services and you are invited to participate in them at your own risk.

We advise that before taking part in any such Additional Activities you read your insurance policy carefully in order to ensure that it covers you to take part in that Additional Activity.

11. TRAVEL

You are responsible for arranging your travel to and from the City. If We assist you in arranging any flights or transport We will do so by referring you to a reputable travel firm who will hold an ATOL licence.

You must ensure that you are in the City on the first day of the Programme.

We accept no liability for the act or omission of any travel company or airline.

12. INSURANCES

You acknowledge that playing sport carries risks and can be dangerous. We accept no liability for personal injury or death (unless caused by Our negligence) arising as a result of your participation in the Sport or any other sport during the Programme.

You must obtain travel insurance to cover personal accident, medical and hospital expenses and repatriation prior to leaving the United Kingdom. You will retain a copy of such policies and will provide a copy to Us upon request.

You should also put in place an adequate insurance policy to protect you against any loss or damage which may arise in relation to your possessions or valuables during the course of the Programme.

13. VISAS

You will ensure that you have obtained all necessary visas and consents required for your travel and stay in the City. You will ensure that your passport, visas and any other travel documents are up to date and will remain valid throughout the duration of the Programme.

14. CANCELLATION

You acknowledge that We will incur significant costs prior to the start date of the Programme in relation to organising and carrying out the administrative requirements in preparation for your participation in the Programme. Therefore if:

you withdraw from the Programme more than 12 weeks prior to the start date stated in the Confirmation, We will retain your Deposit; and if

you withdraw from the Programme less than 12 weeks prior to the start date stated in the Confirmation, We will retain the Price paid by you.

If you decide to withdraw from the Programme prior to the end date stated in the Confirmation, We will not be under any obligation to make any refund whatsoever to you.

15. LIABILITY

The following terms set out Our entire financial liability (including any liability for the acts or omissions of Our employees or agents) to you for any breach of these Terms and any representation, statement or tortious act or omission including negligence arising under or in connection with the Programme.

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract between Us.

Nothing in these terms and conditions will exclude or limit Our liability for death or personal injury caused by Our negligence or for fraudulent misrepresentation.

Subject to clause 15.3 above, Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise will be limited to the Price.

We will not be liable to you for any claims which or are not reasonably foreseeable by Us at the time when the Application is made.

16. DATA PROTECTION

To enable Us to provide the Services to you We will ask you to provide personal details such as your name, email and postal address, date of birth, Nationality, passport number, medical details and information relating to your education, training and qualification.

Our primary purpose in using your data is to provide you with the Services. We will keep all your personal information provided by you confidential except that We may use personal information for any of the following purposes: general correspondence and administration, contacting you to advise you of any additional activities that are being arranged and which We think you might be interested in, to resolve any queries you or We may have and to notify you of other services or products that might be of interest to you (although you can elect not to receive any of these at any time by contacting Us at the address set out in condition 21);

By Law We are required to obtain your consent to processing your data. We will assume that you have given your consent to the uses outlined above if you provide Us with any data by completing the Application. You can advise Us that you wish to withdraw your consent by contacting Us at the address set out in condition 21.

By virtue of the nature of the Programme and the Services We provide to you, it will be necessary for Us to pass your information to third parties located outside of the European Economic Community. In doing so We will at all times aim to ensure that those third parties to whom We will pass information, agree to process that information in a secure and confidential manner however we cannot and do not guarantee that those third parties will be bound by strict rules regarding data protection. By completing and submitting the Application you consent to Us passing your information on to such third parties. You may however withdraw your consent at any time by contacting Us at the address set out in condition 21. However, please note that withdrawal of such consent will inhibit Our ability to provide you with the Services and therefore your ability to participate in the Programme.

17. FORCE MAJEURE

We reserve the right to defer the start date of the Programme as set out in the Confirmation and/or to replace the Club, Academy, City, Accommodation or any Coaching Company that may be stated in the Confirmation, or elsewhere if We are prevented from or delayed in providing the Services and offering the Programme in accordance with the specifications set out in the Confirmation due to circumstances beyond Our reasonable control including, without limitation strike, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic.

18. TERMINATION

Either you or We may terminate early upon notice 14 days written notice any contract under these Terms if the other party materially breaches any of these Terms and where such a breach is remediable fails to remedy it within 14 days of a notice from the other party requesting them to do so.

Upon termination you must vacate the Property or Dormitory (as the case may be) and withdraw from the Programme whilst complying with all applicable rules, regulations, policies and procedures in so doing. In any case, you must vacate the Accommodation on the date on the end date of the Programme.

19. COMPLAINTS

If you wish to comment or make a complaint in relation to any of the Services which We are or have provided to you, please contact Us in writing at the address set out in condition 21.

20. ENTIRE AGREEMENT

These Terms and the Confirmation constitute the entire agreement between the parties.

21. COMMUNICATIONS

All notices to be given to Us under these Terms must be in writing and sent to: Address: Sport Lived Limited, The Hive, The Maudslay Building, Burton Street, Nottingham, NG1 4BU. E-mail: info@sportlived.co.uk or such other address, e-mail or fax number as We may notify you from time to time.

All notices to be given to you will be sent to the Property or the Academy (during the duration of the Programme)or to your home address as stated on the Application or to such address as you may notify Us of from time to time.

22. GENERAL

If any provision of these Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidabilty, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Terms and the remainder of such provision will continue in full force and effect.

Failure or delay by Us in enforcing any provision of these Terms will not be construed as a waiver of any of its rights under these Terms or otherwise.

Any waiver by you or Us of any breach of, or any default under any provision of the Terms will not be deemed a waiver of any subsequent breach or default.

The parties do not intend that any of these Terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

We may assign any contract formed under these Terms, or any part of such contract, to any person, firm or company. You are not entitled to assign such contract.

The formation, existence, construction, performance, validity and all aspects of any contract made subject to these Terms will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.