Terms, Conditions & Policies
This page details our Terms and Conditions as well as other policies of Forest Skills Ltd, trading as Chris Garland Training (hereinafter referred to as “we”, “us”, “the Company”) which directly affect you; our Client. Please take time to read them thoroughly.
Health and Safety Statement
The Company recognises its responsibility to eliminate unnecessary risk and hazard through the course of running our business & is committed to ensuring the health, safety and welfare of its staff & clients. It is a fundamental principal of the Company’s Health & Safety policy that all individuals working with and for the Company must cooperate with us to enable our statutory duties to be met and the successful implementation of our policy requires commitment from everyone. The commitment to ensuring the health, safety and welfare of its staff & clients is considered to be a management responsibility equal to that of any other. The Company shall ensure that all staff, clients and visitors to our premises whether wholly owned, leased or hired shall be as far as is practicable, safe from first arriving on site to leaving the site. The Company aim to achieve compliance with all local, national and European legislation through excellent occupational health and safety performance.
The Company will take such steps as are reasonably practicable to meet this commitment through;
- Ensuring that there is at least one appropriately qualified first aider in each course.
- All instructors delivering sessions will have an enhanced DBS certificate.
- Staff will be made aware of their responsibilities & understand the Company’s relevant policies and will adhere to the guidance within them.
- Ensure that thorough, suitable and sufficient risk assessments and pre-site visits take place before clients are permitted on to the site.
- Ensuring that sufficient information, instruction, training and supervision is provided to staff & clients
- Ensuring that confidentiality is maintained at all times.
- Ensuring that sufficient equipment is available and is fit for purpose.
- Ensuring safe arrangements for the use, handling, storage and transport of articles and substances.
- Ensuring that adequate welfare facilities and arrangements are available.
- Investigating accidents and using the information gathered to inform future risk assessment and policy making.
- Implementing a monitor & review policy to ensure the effective management of health and safety across the activities undertaken by the Company.
Equal Opportunities & Pay Policy
The Company is committed to the idea of equal opportunities & pay. Our policy is to make sure that no person involved or associated with the Company receives less favourable treatment on the grounds of:
- Religious belief or political opinion
- Race (including colour, nationality, ethnic or national origins)
- Gender, including gender appearance or reassignment
- Marital or civil partnership status
- Having or not having dependants
- Sexual orientation
The Company is opposed to all forms of unlawful and unfair discrimination. We believe in human rights for all those connected with this organisation and all members of society. No action shall be taken against them by any person connected with the Company which would devalue their contribution to society and to this organisation, or lead to a loss of their own self-respect, or respect for them from others. Responsibility for making sure that the Company fulfils its obligations under this Policy rests with the Director of the Company.
All individuals within this organisation are responsible for compliance with this Policy, and for the positive attitude it requires. All external persons connected with the Company are encouraged to hold the same responsibility and commitment. We will make sure that all our staff and sub-contractors are aware of our Equal Opportunities & Pay Policy, and where applicable will make them aware of their responsibilities. All persons involved or associated with the Company will be treated fairly and will not be discriminated against on any of the grounds named above. Decisions about recruitment and selection, promotion, training or any other benefit will be made objectively and without unlawful discrimination. The working of the Equal Opportunities Policy will be monitored by the Director of the Company on an annual basis, or sooner if deemed necessary.
Dealing with complaints
It is recognised that many individuals may be unwilling to make a complaint regarding equal opportunities or pay, for a variety of reasons, including:
- Fear that others will consider that behaviour trivial
- Fear of retaliation and/or public humiliation
- Fear that the complaint will not be taken seriously
Such concerns may make an individual choose to leave activities run by the Company, change their job within the Company, or leave the Company altogether. the Company regards this as unacceptable. It is important that all clients & employees of the Company should feel able to raise concerns without fear and in the knowledge that their complaint will be taken seriously. All complaints will receive prompt attention and will be properly investigated. We will seek to resolve them as quickly as possible. Sometimes it may be possible for an employee affected by the behaviour of another simply to ask the harasser to stop, or make it clear that the behaviour is unwelcome. If this is appropriate, then the employee should do this. However, such an approach may not be appropriate and employees should feel able to raise matters at any time with the Director of the Company under the business’s existing Grievance Procedure.
Inclusion, Equality and Diversity Policy
The Company recognises its responsibility to eliminate unlawful discrimination, challenge anti-discriminatory practice, promote equality of opportunity and diversity in all aspects of its activities: as an employer and a provider of training and consultancy. The Company is committed to promoting equal opportunity and to adopting proactive measures to address unlawful discrimination in the execution of its services. The Company will ensure that equality of opportunity is prominent throughout our work; in making policy, managing the business, service delivery (i.e. training, consultancy and assessment), in complying with current UK regulations, and in our employment practice.
The Company will provide a working environment that is free from any form of harassment, intimidation, victimisation or discrimination on the grounds of; nationality, race, colour, gender, sexual orientation, identity, ethnic or national origin, disability, marital status, gender reassignment, pregnancy, status or home responsibility, HIV or AIDS status, age, work status (part-time or fixed term), religious or political belief and socio-economic background. All individuals will be treated with dignity and respect and valued for who they are and for their contribution.
The Company director and staff are responsible for ensuring that the Inclusion, Equality and Diversity Policy is put into practice and that they have due regards to the need to:
- challenge all forms of discrimination.
- eliminate unlawful discrimination.
- promote equality of opportunity.
The following opportunities are taken to invite feedback from staff, clients and students:
- Recruitment and Selection
- Initial Assessment
- Assessment and Planning
- Learner Reviews
- Internal Verification
- External Verification
- Exit Interviews
This feedback will be included in the annual review of our policies.
Scope of Policy
The Company will adhere to all relevant Statutory Legislation and the Code of Practice as per Appendix 1 below. In accordance with its commitment to equal opportunities, the Company will ensure that positive steps are taken to identify and combat all forms of discrimination so that no potential or existing members of staff, clients or students are discriminated against from any of the four main types of discrimination – Direct discrimination, Indirect discrimination, Harassment and Victimisation.
Direct discrimination is treating one person less favourably than others because of, for example their race, gender, sexuality or disability (a fuller list has been provided above).
Indirect discrimination is creating a condition, term of employment or requirement of service delivery which cannot be justified and which, in practise, prevents people from certain groups from receiving a service.
The Company will not tolerate any form of harassment when offensive or intimidating behaviour, or encouraging or allowing other people to do so, aims to humiliate, undermine or injure its target, causing any physical or mental harm. The Company will not tolerate any form of Victimisation, which means treating somebody less favourably than others because they tried to make a discrimination complaint. the Company will ensure that we comply with the Public Interest Disclosure Act 1998, to ensure that all relevant protection is afforded to all relevant parties. This legislation is “An Act to protect individuals who make certain disclosures of information in the public interest; to allow such individuals to bring action in respect of victimisation; and for connected purposes.”
The Company recognises that the implementation of the Equal Opportunity Policy is vital to its development and continuing success, and the Directors will take full and frank responsibility for ensuring effective implementation of the policy and code of practice. The Company will ensure that all individuals and organisations which provide services for or on behalf of the Company, are aware of and fully complying with our commitment to equality of opportunity. The Company will investigate any alleged breach of this policy by Directors, staff, clients or students. If the allegation is upheld, action will be taken which could result in disciplinary proceedings against the Directors, staff, clients or students, as detailed in our Maladministration and Malpractice Policy.
Aims of the Policy
- To comply with the general and specific duties of all UK Equal Opportunities Legislation.
- To fulfil our statutory obligation to raise awareness of the policy to all staff, clients and students.
- To ensure that all potential, new and existing staff informed of the policy and its implication. All job applicants will receive the policy when applying to work with us.
- To ensure that all students have access to a fair and well managed examination and assessment process, in accordance with both the Company and Qualifications Network UK & Training Qualifications UK guidelines for Maladministration and Malpractice.
The Company will ensure the policy statement is displayed and distributed throughout our business, in a variety of media, including but not limited to, paper copies issued at registration, the policy will be published online on the company’s website.
Organisation, Consultation and Participation
As the employers, the Company Director has the ultimate responsibility for ensuring compliance with Equal Opportunity Legislation. The Director shall carryout and annual review of the policies that are in use, ensuring the policies are up to date, reflect current good practice and legislation. We will consult as widely as possible with all stakeholders i.e. staff, training centres, students and any other relevant parties.
Equal Opportunities: Functional Responsibilities
The Director is responsible for:
- personnel related policies and strategies.
- developing and delivering a programme of (or arranging delivery of) staff development in all aspects of diversity and equality of opportunity matters.
- advising and supporting staff to identify and disseminate good equal opportunity practice, particularly in relation to equal treatment in all aspects of the staff and client and student experience.
- ensuring that all HR policies and procedures meet legal and ethical standards in relation to equal opportunity.
- advising staff on procedures in relation to the Company Equal Opportunities Policy.
Making an Equal Opportunities Complaint
An employee or service user who feels they have not been fairly treated within the scope of this policy should raise the matter through the Company Grievance and Disciplinary Procedure.
Dealing with discrimination and harassment as a Training Provider
As a Training Provider, the Company complies with anti-discrimination and human rights legislation and promotes the wellbeing of candidates. The Company actively seeks to eliminate all forms of discrimination and harassment — whether towards candidates or staff. We will use the following model for challenging discrimination:
- Recognising individualism and value difference.
- Breaking down stereotypes.
- Challenging discrimination.
- Role modelling appropriate behaviour.
In general, this is dealt with through our own disciplinary policy, but in all circumstances the safety, well-being and support needs of the victim is our first priority. The Company will comply with its legal responsibility to make a written record of any racist incident which takes place on our premises or any satellite office. Certain racist incidents may also be criminal offences in England and Wales under the Crime & Disorder Act 1998. These include:
- Racially aggravated assaults, including common assault, actual bodily harm, grievous bodily harm and wounding.
- Racially aggravated criminal damage, including racist graffiti, damage to property and arson (lighting fires).
- Racially aggravated public order/harassment, including engaging in behaviour which causes (or is likely to cause) harassment, distress or fear of violence.
The police (not the Company) are responsible for investigating and dealing with any racist incidents where criminal offences may have been committed. All racist incidents of this kind will be reported to the police as soon as possible. The Company will also report the incident to the police if asked to do so by the victim or their parent.
In addition to the general principles for dealing with discrimination or harassment, the Company will adhere to the specific rules which exist for dealing with sexual harassment and discrimination. If the perpetrator is an employee of the Company or other professional in a position of authority, then this will normally be either a criminal matter (in which case it should be referred to the police) or a disciplinary offence under the Company’s Disciplinary Procedure.
Chris Garland Training are fully insured, holding the following cover;
- Employers Liability; £10m
- Public Liability; £5m
- Professional Indemnity Insurance; £5m
- Products Liability; £5m
The relevant Acts of Parliament relating to equal opportunities policy are:
- Rehabilitation of Offenders Act 1974.
- The Public Order Act 1986.
- Employment Act 1989.
- Human Rights Act 1998.
- The Public Interest Disclosure Act 1998.
- Protection from Harassment Act 1997.
- Part Time Worker Regulations 2000.
- The Race Relations (Amendment) Act 2000.
- The Gender Recognition Act 2004.
- Racial and Religious Hatred Act 2006.
- Equality Act 2010
In addition, the Company will comply with the following codes of practice relating to equal opportunities; including guidance available from:
- Equality and Human Rights Commission
- Disability Rights Commission.
- ACAS: Advisory Conciliation and Arbitration Service.
- Equality Act Codes of Practise
Terms and Conditions.
1. General terms and conditions
- These terms and conditions form the basis on which you can visit us and our website and purchase products from us. Please read them carefully as they contain important information.
- This site is owned and operated by Forest Skills Ltd trading as Chris Garland Training of 40 Fir Tree Avenue, Knutsford, Cheshire, WA16 8NF. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at 40 Fir Tree Avenue, Knutsford, Cheshire, WA16 8NF or 07702 343248.
2. The contract between us
- We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
3. Acknowledgement of your order
- To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
4. Ownership of rights
- All rights, including copyright, in this website are owned by or licensed to Forest Skills Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
5. Accuracy of content
- We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
6. Damage to your computer
- We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
- All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
8. Ordering errors
- You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
- The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
10. Payment terms
- We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
11. Delivery charges
- Delivery charges vary according to the type of goods ordered.
- Delivery charges are normally included within the cost of the product. Where delivery charges are not included this will be indicated within the product description.
- You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
- Please note that we are only able to deliver to addresses which Royal Mail refer to as being within the United Kingdom. This includes the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland & Northern Ireland, but excludes the Channel Isles.
- We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
- You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
13. Risk and ownership
- Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
14. Cancellation rights
- Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134, you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
- Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us in writing by any durable medium (for example letter sent by post, fax or e-mail).
- You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order), newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
- If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
- Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 30 calendar days.
- We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)
15. Cancellation by us
- We reserve the right not to process your order if:
- We have insufficient stock to deliver the goods you have ordered;
- We do not deliver to your area;
- One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers;
- As a result of circumstances beyond our control we are unable to complete the contract.
- If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 30 days.
- Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
- We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
- Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or misdescribed goods.
- Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 40 Fir Tree Avenue, Knutsford, Cheshire, WA16 8NF and all notices from us to you will be displayed on our website from time to time.
18. Changes to legal notices
- We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
19. Law, jurisdiction and language
- This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
- If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
22. Third party rights
- Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
24. Service Provider
- Subject to clauses 30, 31 and 46, we will use our reasonable endeavours to provide the products & courses advertised on our website.
- We will provide the products & courses using reasonable care and skill.
- We may appoint independent sub-contractors to run or assist on our courses or use third parties to arrange or supply our courses. You agree that our obligation to you is to use reasonable care in selecting competent, independent sub-contractors and third party suppliers to provide reasonable services related to the course. You agree that the Company is not responsible for the actions or omissions of such sub-contractors or third party suppliers.
25. Booking and confirmation
- If you are making a booking request for and on behalf of any other person, you represent that you are the parent or legal guardian of such person if they are a minor; or a duly authorised agent of such person.
- If you are purchasing a course as a gift, you agree that you will provide the recipient with a copy of these Terms and notify them that by attending the course they will be deemed to have agreed to abide by these Terms.
- To submit a booking request, you must complete the booking form and pay the amount specified. You must ensure that all information provided in the booking form is complete and accurate. If we accept your booking request, we will e-mail (or otherwise issue) a receipt of your booking to you and confirm the date the balance, if any, is due. Any outstanding balance must be paid by the due date specified in the receipt. If you haven’t received a booking receipt from us within 7 days of making your booking request, then please contact us at: email@example.com.
- By submitting a booking request, you agree to be bound by these Terms.
- A booking request constitutes an offer by you to purchase a course in accordance with these Terms. Once your booking request is accepted by us (by the issuance of a booking receipt), a separate legally binding contract will come into existence (comprising these Terms, your booking request form and the booking receipt) between us and each person named on the booking form (other than a minor, in which case the contract will be between you and us) (each, a “Contract”), provided, however, that you will remain liable for all payments due. The date on the booking receipt is the date of such Contract.
- These Terms, together with your booking request form and the booking receipt constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in such Contract.
- You must check the details on the booking receipt when you receive it. If there are any errors, please contact us immediately.
- We reserve the right, in our sole and absolute discretion and without the need to give reason, to refuse to accept a booking request. In such circumstances, no contract will arise and we will return any payment accompanying your booking request.
- Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised price for a course and/or to amend any of the information contained in the course description.
- All course fees are payable in Pounds Sterling (“Sterling”).
- Unless otherwise specified in respect of a particular course, the following payment terms apply with your booking:
- Open courses; 100% of the course fee at time of booking.
- Private courses; 100% of the course fee within 7 calendar days of date of invoice.
- Where Chris Garland Training are engaged by a Principal Training Company; 100% of the course fee within 35 calendar days of date of invoice.
- The balance of the course fee, if any, must be paid by the date specified in the booking receipt.
- If you do not pay any balance in full by the due date, your booking will be deemed cancelled and you will forfeit any deposit paid.
- Payment will be accepted by:
- Maestro, Visa Electron, Visa debit and Solo debit cards or Visa/MasterCard credit cards, which can be used to make a booking on-line or by telephone; or
- BACS payment; details of which will be found within the invoice; or
- Bank transfer, which may need to be arranged directly with us over the telephone or by e-mail at firstname.lastname@example.org.
27. Late payments:
- All late payments will be dealt with by our nominated debt recovery agency; Thomas Higgins Partnership. This process can include issue of a Letter before Action, Late Payment Demand, Court action, Judgement and Enforcement
28. Price changes
- If our costs of running a course increase for reasons beyond our reasonable control (including, without limitation, an increase in taxes, duties or fees by a government, other governmental action or an increase in the cost of transport, labour or materials) we reserve the right to increase the course fee. Any such increase in the course fee will be notified to you as soon as reasonably practicable. If the course fee is increased by 10% or more, you will be entitled to cancel your booking and obtain a full refund of all monies paid to us. Otherwise, you will be required to pay such additional amount on the same terms as your original payment.
- Whilst we endeavour to ensure that the most up-to-date and correct prices are shown on our website and within the booking system, there is the possibility of an inconsistent price between the two. Once we become aware of any such inconsistency, we will act promptly to rectify the inconsistency and we will endeavour to notify you as soon as reasonably possible. We reserve the right to cancel a booking made at an incorrect price under such circumstances and you will be given the choice of amending your booking to a course at the correct price or obtaining a full refund of monies paid to us.
- We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such cancellation, or for any other loss or damage howsoever caused arising out of such cancellation. We recommend that you take out appropriate insurance, which includes cover against such cancellation.
29. Number of participants
- Each course is subject to a minimum & maximum number of participants for its operation and is subject to cancellation at short notice if there is an insufficient number of participants. If a course is cancelled because of an insufficient number of participants, you will have the option of booking an alternative course with us or receiving a full refund of monies paid to us. We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such cancellation, or for any other loss or damage howsoever caused arising out of such cancellation. We recommend that you take out appropriate insurance, which includes cover against such cancellation.
- The course description will specify whether the course is subject to a maximum number of participants. Once the maximum number of participants has been reached, no more booking requests can be made.
30. Cancellation by you
- Any cancellation must be notified in writing by the person who made the booking to email@example.com.
- If you cancel your course, the following cancellation charges will arise:
- fewer than 10 calendar days before the course is due to commence, 50% of the course fee.
- Failure to attend on a course will be deemed a cancellation and you will forfeit 100% of the course fee.
- An updated statement of your account will be sent to you following any such cancellation by you.
- You acknowledge and agree that it is reasonable for such a cancellation charge to arise given the requirement for us to make preparations and payments for a course substantially in advance of the commencement of the course.
- We appreciate that wholly unforeseen events may result in your cancellation of a course booking. We therefore recommend that you take out appropriate insurance, which includes cover against such cancellation.
- If you leave a course prior to its completion, you will forfeit all sums paid to us.
31. Cancellation by Us
- We reserve the right, in our sole and absolute discretion, to cancel a course or all or any bookings prior to the commencement of the course or booking for any reason whatsoever at short notice (including, without limitation, if the minimum number of participants required for a course is not fulfilled).
- In these unusual circumstances, we will offer you the option to book a place on an alternative course (provided that there are sufficient spaces available on the course on the date you wish to change to), or have all monies paid to us repaid in full.
- A course may also be cancelled either before or after its commencement for reasons of Force Majeure (as defined in Term 44 below).
- We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such cancellation or for any other loss or damage howsoever caused arising out of such cancellation. We recommend that you take out appropriate insurance, which includes cover against such cancellation.
32. Changes by Us
- Any additional expenses due to alterations shall be borne by each person participating in the course.
- We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of any alterations to your course or for any other loss or damage howsoever caused arising out of such alterations. We recommend that you take out appropriate insurance, which includes cover against such costs, expenses, losses or damage.
33. Health, Diet & Behaviour Considerations
- Generally, our courses require you to be in good physical and mental health and, by attending the course, you confirm that you are physically capable of participating in the course and that you are in good health with no medical history that would make it dangerous (for you or others) for you to participate. Some courses may have specific fitness requirements as more fully described in the relevant course description on our website.
- If you have a special medical requirement or health condition, you must inform us no later than five working days before the commencement of the course.
- If you have any special dietary requirements, you must inform us no later than five working days before the commencement of the course.
- If in the sole opinion of the instructor you are unable to keep up with or participate in the course or your health, fitness or behaviour may compromise your safety or the safety of others on the course, you may, in the absolute discretion of the course leader, be removed from the course (and, if necessary, this may be against your will).
- In such circumstances, you will not be entitled to a refund of monies and we will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such removal or for any other loss or damage howsoever caused arising out of your removal.
- You will, on demand, reimburse us for our reasonable costs of effecting your removal.
34. Your Equipment
- You are responsible for any clothing, baggage or personal equipment that you bring to a course. All clothing, baggage or personal equipment are, at all times, at your own risk. We will not be responsible whatsoever for any loss or damage to your clothing, baggage or personal equipment.
35. Use of Equipment, premises and land
- You must use all reasonable care in the use of:
- any of our property and equipment;
- property and equipment provided by our suppliers; and
- the premises & land used during the course including, but not limited to, the flora and fauna.
- You must comply with all reasonable instructions from our instructors in relation to its use.
- We reserve the right to charge you for the cost of replacement or repair of items of property or equipment lost or damaged by you during a course.
- If any property or land is damaged by you during a course, we also reserve the right to charge you for the cost of reinstating the premises, property or land to the condition it was in before the damaged occurred.
36. Your conduct
- Please read our Code of Conduct Policy which can be found below.
- Specific course rules will be explained to you at appropriate times during the conduct of a course. You must observe these rules and the reasonable instructions of our course leaders at all times.
- You must conduct yourself in a reasonable manner at all times and maintain standards of conduct which are consistent with the aims of the course.
- Parents, guardians, teachers and those in comparable roles in respect of persons under the age of 18, must maintain control of those persons at all times, to the satisfaction of our instructors and ensure that they observe all rules and the reasonable instructions of our course leaders and their assistants and conduct themselves in a manner consistent with the aims of the course.
- If, in the sole opinion of the course leader, your behaviour is deemed unsafe or unacceptable for whatever reason, you will, in the absolute discretion of our course leader be removed from the course (and, if necessary, this may be against your will). Circumstances in which this may occur include, without limitation, your intoxication; use of non-prescription drugs; disorderly, abusive or dangerous behaviour; intentional damage to property and failure of control over minors. In such circumstances, you will not be entitled to a refund of monies and we will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such removal or for any other loss or damage howsoever caused arising out of your removal.
- You will, on demand, reimburse us for our reasonable costs of effecting your removal.
37. Subsequent instruction
- Unless otherwise stated in the course description, participation on one of our courses does not qualify you to subsequently conduct training courses of a similar nature and we do not condone or certify you to instruct anything for which you have received instruction from the Company.
- It is a fundamental term of booking that you acknowledge and accept the risks and hazards that may be involved in the courses conducted by us, including serious injury or death, loss or damage to property, discomfort and inconvenience.
- In particular, you acknowledge and accept that:
- the equipment used on our courses may be heavy and as such require proper manual handling techniques;
- natural areas and waters are subject to natural forces which may result in obstacles and hazards which can be life threatening or cause injury;
- being in natural areas may result in encounters with wild animals, which can be life threatening or cause injury;
- weather may change rapidly and may be extreme, presenting obstacles and hazards which can be life threatening or cause injury;
- you may travel to remote areas where access to rescue, evacuation and/or suitable medical supplies and support may not always be available.
- Save as otherwise required by law, participants take part in courses at their own risk.
39. Independent Travel Arrangements
- The Company is not responsible or liable for your actions or your safety for any independent travel you undertake before, during (if you choose or are forced to leave) or after the course.
40. Course Date Changes
- Should you wish to change the date of your course, you may do so if you give us more than 14 working days’ notice prior to the course start date, provided that there are sufficient spaces available on the course on the date you wish to change to.
- Any such change will be subject to an administration fee of £25.
41. If You Have A Complaint
- If you have a complaint during your course, you must bring it to the attention of your course leader at the earliest appropriate opportunity in order that remedial action may, if appropriate, be taken. You expressly acknowledge that it is unreasonable to take no action during the course but to complain later. Any outstanding complaint not resolved during the course must be notified to us in writing within 30 days of the scheduled end of the course. To the extent permitted by law, we will not be liable in respect of any claims/complaints raised later than 30 days from the end of the relevant course.
42. Minimum Impact
- We respect natural environments, endeavouring to have as little impact on them as possible. We will insist on strict environmental practices to ensure the continued quality of the natural environments in which we conduct our courses.
- Procedures for sanitation, rubbish disposal and clean-up will be explained by your course leader and/or their assistants at appropriate times during the conduct of a course. You must observe these practices at all times.
43. Exclusions & Limitations Of Our Liability
- Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation; or
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
- any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- Subject to clause 45.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising out of or in connection with the provision of, or failure to provide, a course; and
- our total liability to you in respect of all other losses arising out of or in connection with the provision of, or failure to provide, a course, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid by you for the course.
- Except as set out in these Terms, all warranties, conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded from these Terms.
- This clause 43 shall survive termination of any Contract and the completion of any course.
44. Force Majeure
- For the purposes of these Terms, a Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, without limitation, the following:
- strikes, lock-outs, boycott or other industrial action (whether involving our workforce or any other party);
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- act of God (including, without limitation, fire, tempest, storm, dangerously high winds, flood, earthquake, subsidence, epidemic, or other natural disaster);
- failure in the provision of any utility, including power, gas, water, or communication services;
- malicious damage or sabotage;
- compliance with any law or governmental order, rule, regulation, sanction, embargo or direction;
- breakdown, cancellation or failure of machinery or transportation (including, without limitation railways, shipping, aircraft, motor transport or other means of public or private transport); or
- default of suppliers or subcontractors.
- We will not be liable to you as a result of any delay or failure to perform our obligations under these Terms as a result of a Force Majeure Event.
- If the Force Majeure Event prevents us from commencing or completing the course as planned we shall, without limiting our other rights or remedies, in the sole discretion of the course leader either;
- seek an alternative means of meeting the course objectives in the time available, provided the course leader determines that it is reasonable and safe to do so (including, without limitation, achieving the objectives of the course at a different location or by following a different itinerary or route); or
- cancel the course immediately.
45. Variation of Terms
- These Terms may be varied at any time, without notice. You will be subject to the Terms in force at the time that you make a booking request, unless any change to the Terms is required by law or government or regulatory authority in which case, the revised Terms shall apply to any booking you have previously made.
- Before you enter into a Contract with us, we reserve the right to amend any of the courses, services and/or prices described on our website.
46. Severability of Terms
- If any particular term or condition shall be held void or unenforceable in whole or part by any court or other competent authority, the remaining terms and conditions, and the remainder of the term or condition affected, shall remain in full force and effect.
47. Construction of Certain References
- In these Terms, the following rules apply:
- a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- a reference to a person includes its personal representatives, successors or permitted assigns;
- a reference to a statute or statutory provision,
- is a reference to such statute or statutory provision as amended or re-enacted from time to time, and
- includes any subordinate legislation made under that statue or statutory provision, as amended or re-enacted from time to time;
- any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
- a reference to writing or written includes e-mails.
48. Governing Law and Jurisdiction
- These Terms and each Contract and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and each party agrees to submit to the exclusive jurisdiction of the English Courts.
- The Company needs to collect and use certain types of information about session attendees and other individuals who come into contact with the Company. This personal information must be dealt with properly however it is collected, recorded and used — whether on paper, in a computer, or recorded on other material — and there are safeguards to ensure this in the Data Protection Act 1998. (NOTE: This Act will be replaced by the General Data Protection Regulations 2018 in May 2018).
- The Company is registered with the Information Commissioners Office under registration number; Z3457831.
- The Company regards the lawful and correct treatment of personal information as very important and therefore ensures that personal information is treated lawfully and correctly. To this end the Company fully endorses and adheres to the Principles of Data Protection, as detailed in the Data Protection Act 1998. Specifically, the Principles require that personal information;
- Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met.
- Shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
- Shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
- Shall be accurate and, where necessary, kept up to date.
- Shall not be kept for longer than is necessary for that purpose or those purposes.
- Shall be processed in accordance with the rights of data subjects under the Act.
- Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
- Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
- Observe fully conditions regarding the fair collection and use of information.
- Meet its legal obligations to specify the purposes for which information is used.
- Collect and process appropriate information, and only to the extent that it is needed to fulfil operational needs or to comply with any legal requirements.
- Ensure the quality of information used.
- Apply strict checks to determine the length of time information is held.
- Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include;
- The right to be informed that processing is being undertaken.
- The right of access to one’s personal information.
- The right to prevent processing in certain circumstances.
- The right to correct, rectify, block or erase information which is regarded as wrong information.
- Take appropriate technical and organisational security measures to safeguard personal information.
- Ensure that personal information is not transferred abroad without suitable safeguards.
- Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information.
- Set out clear procedures for responding to requests for information.
- There is someone with specific responsibility for Data Protection. The Company Data Protection Officer is the Director, Chris Garland.
- Everyone managing and handling personal information understands that they are contractually responsible for following good data protection practice.
- Everyone managing and handling personal information is appropriately trained to do so.
- Everyone managing and handling personal information is appropriately supervised.
- Anybody wanting to make enquiries about handling personal information knows what to do.
- Queries about handling personal information are promptly and courteously dealt with.
- Methods of handling personal information are clearly described.
- A regular review and audit is made of the way personal information is held, managed and used.
- Methods of handling personal information are regularly assessed and evaluated.
- Performance with handling personal information is regularly assessed and evaluated.
- A breach of the rules and procedures identified in this policy by a member of staff may lead to disciplinary action being taken.
Code of Conduct
- This code of conduct policy outlines the conduct expected by everyone who is involved in any way with a course or event run by the Company.
- The “Code” is this Code of Conduct which defines the role and conduct expected of staff & Clients involved at all stages of the running of a course or event run by the Company.
- “Staff” & “The Team” & “Team Members” includes employees, subcontractors & volunteers acting on behalf of the Company.
- “Clients” includes all persons involved in a course who are not part of the “Forest Skills Team” whether or not they are actively involved in the course (e.g. including bystanders, parents, guardians, teachers and those in comparable roles in respect of Young Clients).
- “Young Clients” includes all persons under the age of 18 who are involved in a course & who are not part of the “The Team” whether or not they are actively involved in the course.
3. Code of Conduct
- All staff and Clients must conduct themselves in a reasonable manner at all times and maintain standards of conduct which are consistent with the aims of the course.
- Parents, guardians, and those in comparable roles in respect of Young Clients must ensure that those Young Clients for whom they are responsible, conduct themselves in a manner consistent with the aims of the course.
- Specific course rules will be explained at appropriate times during the course. Clients & Young Clients must observe these rules and the reasonable instructions of The Team at all times. Specifically, it’s important to:
- Be mindful of the need to maintain safety at all times.
- Always ensure equipment is used safely and for its intended purpose.
- Always ensure language is appropriate and not offensive or discriminatory.
- Be appropriately dressed for the activities.
- Be positive, enthusiastic and give feedback in a constructive manner.
- When working alongside Young Clients, it’s important that Clients & Team Members are aware that they may be seen as role models by Young Clients and must therefore act in an appropriate manner at all times. Specifically, it’s important to:
- Be mindful of the need to maintain safety at all times.
- Always ensure equipment is used safely and for its intended purpose.
- Always ensure language is appropriate and not offensive or discriminatory.
- Be appropriately dressed for the activity.
- Be positive, enthusiastic and give feedback in a constructive manner.
- Recognise the importance of fun.
- Demonstrate integrity and respect for Young Clients.
- Act as positive role models and display high standards of behaviour & conduct for Young Clients to follow.
- Challenge unacceptable behaviour and report all allegations/suspicions of abuse.
- Listen to and respect Young Clients at all times.
- Treat Young Clients fairly and without prejudice or discrimination.
- Ensure any contact with Young Clients is appropriate and in relation to the aims of the course.
- Give verbal praise to Young Clients demonstrating good work, good behaviour, cooperation and good group work.
- Respect a Young Clients right to personal privacy.
- Staff, Clients & Young Clients must not:
- Take unnecessary risks when common sense, policy or practice suggests a more prudent approach.
- Adopt an attitude of complacency with regard to your own conduct.
- Patronise staff members, Clients or Young Clients.
- Make sarcastic, insensitive, derogatory or sexually suggestive comments or gestures.
- Act in a way that can be perceived as threatening, abusive or intrusive.
- Use any form of physical or emotional punishment.
- Allow bullying or bad behaviour.
- Let allegations made by a Young Client go unchallenged, unrecorded or not acted on.
- Let Young Clients have staff or Clients personal contact details (mobile number, address or social media contact details).
- Have or develop inappropriate relationships with Young Clients.
- Make inappropriate promises to children and young people, particularly in relation to confidentiality.
4. Upholding the Code of Conduct
- Everyone is expected to report any breaches of the Code noted during a course run by the Company to the Director of the Company & if necessary, under child protection procedures.
- Any breach the Code by an employee of the Company may be result in them being subject to the Company’s disciplinary procedures.
- Any breach of the Code by Client or Young Client, may result in them being asked to leave the course. Serious breaches may also result in a referral being made to a statutory agency such as the police, the local authority children’s social care department and/or the Independent Safeguarding Authority.
- If, in the sole opinion of the instructor, the behaviour of a Client, Young Client, subcontract Staff, member of Staff from another agency, etc., is deemed unsafe or unacceptable for whatever reason, that person and any Young Client for whom they are responsible for will, in the absolute discretion of the instructor, be removed from the course (and, if necessary, this may be against their will). Circumstances in which this may occur include, without limitation;
- Intoxication; or
- Use of non-prescription drugs; or
- Disorderly, abusive or dangerous behaviour; or
- Intentional damage to property; or
- In ability to meet the rigours of the course through physical or mental reasons; or
- Through thorough lack of appropriate equipment; or
- Failure by parents, guardians, teachers and those in comparable roles in respect of Young Clients to ensure that those Young Clients conduct themselves in a manner consistent with the aims of the course.
- In such circumstances, you will not be entitled to a refund of monies and we will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such removal or for any other loss or damage howsoever caused arising out of your removal. You will, on demand, reimburse us for our reasonable costs of effecting your removal.
- Should a member of staff, Client, Young Client, subcontract Staff, member of Staff from another agency, etc., accidentally hurt or distresses a Young Client in any way, or the Young Client misunderstands something which that person has done, it should be reported as soon as possible to Chris Garland (Director of the Company). The incident will also be noted on the Company Near Miss, Incident & Accident Reporting Form. The Young Clients parents or guardians should be informed of the incident and asked to sign the form as per the Near miss, Incident & Accident Reporting Policy.
- Where courses & events are being run outdoors, shelter will be immediately sought or aborted when;
- thunder storms are less than 30 miles away. This is calculated by counting the number of seconds that pass between a flash of lightning and the crack of thunder that follows it, then dividing that number by five. The resulting number will tell you how many miles away you are from where lightning just struck.
- wind speeds are gusting above, or steady at Beaufort 5. This is defined as;
- Wind Speed = 19–24mph.
- Description = Fresh Wind.
- Land Conditions = Smaller trees sway.
- Sea Conditions = Many white caps, some spray, waves 4–8 feet high.