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Kirston Elton T/A Inland Inspiration Terms and Conditions
Inland Inspiration is a Sole Trader – Kirston Elton T/A Inland Inspiration and any reference to Kirston Elton and/or Inland Inspiration should be read as Kirston Elton Trading as Inland Inspiration.
Reviewed and updated 17th December 2024
Introduction
These terms and conditions relate to any activities that are carried out by Inland Inspiration. They relate to both individuals, couples, groups and organisations that book with Inland Inspiration as well as any freelance work or other work as carried out and agreed with Inland Inspiration.
Booking with Inland Inspiration assumes that you have read, understood and agree with these Terms and Conditions.
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1.1
Kirston Elton trading as Inland Inspiration is a sole trader and is an organisation that is concerned with outdoor education, courses, coaching, teaching, instructing and leading in a range of activities which are primarily involving paddlesport instruction, coaching, guided trips, expeditions and tuition organisation but also includes walking, climbing, abseiling, Duke of Edinburgh training, practicing, teaching/instruction and assessment, as well as other activities like High Ropes, Archery First Aid Tuition/teaching, safeguarding training, as well as other activities commonly associated with the Outdoor Sector/Industry and both as a sole provider, freelancer for other organisations and outdoor centres or similar in both real world setting or an outdoor centre setting. Inland Inspiration provides basic, intermediate and higher level activities, tuition, Instruction & coaching to people from all walks of life, whatever their age, circumstances or mobility range. Any activity that Inland Inspiration carries out or provides will be known as “activity”, “course”, “session”, “lesson”, “course”, “assessment”, “trip”, “the activity”, “activities”, “the activities” or similar terms and may also be called - in these Terms and Conditions – by any other reasonable term or description. Each point in this document may use one, more or all of these terms but they mean any activity that Inland Inspiration runs and the immediate lead up to this immediately before the activity. Inland Inspiration will be referred to as “we”, “us”, “our instructor(s)/coach(es), Guide(s), Leader(s)”, “Inland Inspiration”, Kirston Elton Trading As Inland Inspiration”, “us”, “me”, “myself” or any other similar term that could reasonably be used to refer to Kirston Elton Trading As Inland Inspiration. Clients/customers and others not directly connected to Inland Inspiration will be referred to as “customers”, “clients”, “they”, “them”, “their”, “his”, “him”, “her” and is a generic term and relates to a person and/or organisation – regardless of any gender reassignment or identity. Any other similar term will be clarified in this document. A “person” can relate to either a person, persons/group of people or organisation of any kind.
Personal equipment and/or items means any item(s) carried, held, in the possession of (including stored in a vehicle or other) by the client or held by the client and includes any item whether personal, work/employment related, information or any other source or the property of either the client or another person.
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1.2 Bookings and Course bookings – appropriate course booking
The client/customer remains responsible for booking what they believe is the appropriate course for their needs – whether they are an individual, group or organisation.
You should ensure that you have taken appropriate independent advice on the course to ensure that you are booking what is required for your needs and that this will continue to meet you needs.
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1.3 Equipment
Inland Inspiration may provide equipment for activities based on information that the customer/client has provided during their discussions with us, before any activity session. The equipment will have been judged suitable for the activity/session/course/trip etc.
Customers are able to bring their own equipment to use at or during an activity, but Inland Inspiration retain the right to inspect and check the equipment as far as reasonably practicable and refuse to provide any activity or allow involvement by the person in any activity involving or using customers/client’s own equipment if that equipment is deemed unsafe, unsatisfactory or inappropriate for the prevailing conditions, customer or Inland Inspiration staff experience/ability or for any other reason. Any inspection and/or check will be carried out only if we have any specific concerns that we have identified or witnessed with the equipment from discussion or general observations.
If any customer/client’s own equipment is found or believed to be inappropriate, unsafe or otherwise not useable with less than 24 hours to the activity and no suitable alternative can be found, no refund for any activity will be made if Inland Inspiration staff had discussed the equipment’s unsuitability or requested an inspection before this 24 hour period and no response was received and/or advice was not heeded, or inaccurate/misleading (actual or potential) information was received, or if the customer/client had not informed Inland Inspiration of the equipment’s intended use and it is deemed unsatisfactory for the activity and no alternative is available.
If you use any Inland Inspiration equipment – whether paid for or included in the course/activity fees – then you are solely responsible for that equipment. Any damage from horseplay, poor decision making or not heeding our staff instructions/commands/guidance/advice or any industry guidance or practices or other similar sources – will be invoiced and paid for by the customer.
You agree that any damage to other client’s equipment/property or the equipment/property of others outside the activity or any injury to any other person, caused by horseplay, poor decision making or not heeding our staff instructions/commands/guidance/advice or any industry guidance or practices or other similar sources – will be paid for by and is the responsibility of yourself(s).
1.4 Damage and Disruption
Inland Inspiration will not be held liable for any damage and/or disruption/invconvenience howsoever caused, to any equipment, activities, operations, activities, injury to others and/or their business and/or activities if caused or believed to be caused by the inappropriate actions of the client and/or the members of the client’s group if caused or believed to be caused by horseplay, poor decision making or not heeding our staff instructions/commands/guidance/advice or any industry guidance or practices or other similar sources
Inland Inspiration will not be held liable for any damage and/or disruption/invconvenience howsoever caused from the use or otherwise of any equipment provided by the customer or caused by/from any of their personal property during tuition. It is the customer’s/client’s responsibility to ensure that any equipment they supply or bring to any activity is fit for purpose, well maintained, safe and presents no danger to themselves, Inland Inspiration staff, other clients and the general public, wildlife, environment or property. Inland Inspiration may – if appropriate - inspect any such equipment client’s/customer’s bring if they feel this may be appropriate for any reason. Any refusal for an inspection by the client/customer(s) may result in the prevention of use of this or any other of their equipment in the session and/or the cancellation or rescheduling of any session or activity. If no further equipment is available or suitable, then the lesson/trip or activity(s) may be rescheduled or cancelled at no cost to Inland Inspiration or their staff. No refund will be given for any reason and no expenses will be payable for travel or any other costs incurred for the lesson by the client(s)/customer(s). This condition in its entirety relates to non-paddling equipment of any kind as well, including but not limited to mobile phones and technology, vehicles, clothes/clothing etc.
We do not recommend that any personal items such as keys, mobile phones or other technology are carried during any activity or immediately before/after it – given the risk of damage or loss during these times. Inland Inspiration will not be held liable for the damage, loss or any other cost in respect of personal equipment such as car keys, mobile phones, any other technology, fashionwear, clothing etc whether wearable or carried in the boat/SUP/canoe or on the person, clothing/shoes, jewellery or other personal objects/possessions of the client/customer during any activity. It is the sole responsibility of the client/customer to ensure that all such items and any other personal property are secured and/or safe during any activity with Inland Inspiration. Inland Inspiration will not pay for the damage or replacement of any item howsover the damage or loss was caused.
Inland Inspiration will not normally look after any such items, but if requested to do so and we agree, then you understand that we have limited storage and this is not necessarily secure storage and you agree that we will not be held responsible for any loss, damage etc if you do store any personal items with us during an activity and they are lost or damaged and that we are not responsible for any further additional loss or damage resulting from this – such as (but not limited to) theft of car/house keys leading to theft of/from car/house etc. You should primarily ensure that you have appropriate secure and – if appropriate – waterproof storage for any such items during the activity/session.
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1.5 Repair of Equipment Costs and other Costs including disruption
Inland Inspiration will not be held liable for any damage repair costs or equipment repair or replacement costs or recovery, salvage, restoration, search or other activity aimed at repairing, replacing or finding and/or recovering of a client(s)/customer(s) equipment or property/possessions. This relates to both paddling equipment and non-paddling equipment such as car keys, mobile/technology devices, clothing etc.
We will not be held responsible for any costs or making good any loss of business, business/personal costs and/or disruption or other loss from the damage or loss or personal items during a session.
If any damage to other people’s (including other client’s/customer’s) property from actions that are clearly risky or against the advice/recommendation/instruction/command of Inland Inspiration, then the customer agrees that they are wholly responsible for making good and paying for making good this damage and Inland Inspiration will not be held financially or otherwise responsible for such damage and the financial or any other responsibility for making good or remediating any such damage or the implications/consequences of any such damage.
1.6 Payment and Cancellation
Customers/clients are required to make payment for any activity or activities booked through Inland Inspiration within 10 days of the sending of an invoice for the activity unless agreed or stated otherwise (either more or less days). Until and unless the payment is made in full, then the prospective client or existing client/customer has no place booked on any session or activity. Inland Inspiration will reserve the right to cancel any activity or activities if no payment has been received in this time or we believe that it may not be done so or if we have the belief that the client will not show at the activity. We also reserve the right – in the same circumstances – to book other clients in place of your activity or on your place on any course or activity if we believe that you and/or your group will not attend any booking. Inland Inspiration will not be liable for any costs and/or loss of business and/or reputation or other losses to the client – whether actual or perceived - from these actions. If no payment is received before the activity commences then Inland Inspiration may cancel the booking at no cost to Inland Inspiration relating to the client or anyone else including loss of business and/or reputation to the client. The customer/client shall have no claim to any expense, cost, loss of business and/or reputation as a result of this cancellation or rescheduling or loss of place on any activity or booking date. Inland Inspiration may – at its discretion – allow the customer/client to pay for the activity/activities at a date later than that given on the invoice. This must have been agreed to by Inland Inspiration staff beforehand and in sufficient time before the activity takes place.
1.6.1 Cancellations, payment of invoices and refunds
1.6.1.1 Coaching and Intro/Improver sessions cancellation
If an activity that is not a British Canoeing/Paddle UK Course is cancelled by the customer or client with less than one week’s notice or the customer/client fails to attend any activity without one week’s notice, then Inland Inspiration will not refund any payment that has been made by the customer/client for the activity or equipment, venue, contractor provision for it. Inland Inspiration reserve the right to receive payment for any outstanding amounts that they have reasonably incurred for the activity booked and that the customer/client failed to notify they could not attend within the specified period. It is at the discretion of Inland Inspiration what constitutes a reasonable reason to cancel a booking and be eligible for a refund – either partial or full.
You acknowledge that rescheduling any event is the preferred option and you agree to take all reasonable steps and efforts to to this as a primary remedy. Any rescheduling will need to fit with our existing bookings, commitments and holidays and you accept that if these clash with preferred rescheduling dates then no refund or otherwise will be paid or be entitled. A refund – either partial or full – is not a suitable remedy for rescheduling any activity or place on session/activity.
If a refund is agreed by us (partial or full), then the cancellation refund policy is as follows:-
4 week’s notice – 50%
2 week’s notice – 40%
1 week’s notice – 25%
No deposit is refundable under any circumstances.
1.6.1.2 British Canoeing/Paddle UK Courses, expeditions/guided trips or group bookings
If attendance by an individual or group in a British Canoeing Course or assessment, expedition/guided trip or a group booking of any course, is cancelled or is not attended then the following cancellation policy applies where the course payment has been paid in full or above any minimum deposit (the refund amounts below relate only to payments above the deposit and in no way will any deposit value be refunded). You acknowledge that a refund is a last resort option and at the discretion of Inland Inspiration and you will make – if agreeable by Inland Inspiration – to reschedule any activity or book onto an alternative activity/session which may or may not be sufficiently similar to the one that you originally booked. Such a rebooking will be solely at the discretion of Inland Inspiration
If agreed by Inland Inspiration the following cancellation refund levels apply:-
Cancellation up to four months – 75% refund
Four months to two months – 50% refund
Two months to one month – 10% refund
Within one month – no refund
1.6.1.3 A week and month
A week is a 7 day continuous period. The start date for a course or event is the day from 00.00am (midnight) on the date of the course or event – that is the start of that day/date. Any booking of a tuition activity will not be refunded if the client/customer cancels their attendance for any reason at any time up to the activity in line with the timescales above. Preferentially, any activity will be rescheduled to a mutually convenient date(s).
A month is either a named month – February, March etc from start to finish, or a period of 30 days if part way through a month. Which if these is used is down to either the description of the activity timescales or at the discretion of us.
1.6.1.4 Block bookings of sessions
Any cancellation or non-attendance relating to a block booking or voucher up to 48 hours of the event/activity/tuition session then Inland Inspiration may require the client/customer to forfeit that session or part of the block booking/voucher. Inland Inspiration will only offer a rescheduling of such sessions/activities at Inland Inspiration’s own discretion and it must fit in around our existing and anticipated bookings, holidays and other commitments. No refund or other remedy will be made if this is not possible. Once a booking of lessons/tuition hours is booked – whether a single session or block booking/multiple hours, then no refund will be made should the client/customer wish to cancel. Instead a reschedule to mutually convenient time(s) will be made. If a block booking/multiple hours purchase is made, full payment is required in advance. If a payment plan is agreed with the client/customer, then the cancellation rules in these terms and conditions apply and if any session or time is used from that block booking at all by the client/customer, then full payment of all the block booking will be required according to any payment plan, irrespective of how many sessions/hours the customer/client has taken/used. We reserve the right to suspend or cancel any block booking should payment not be made or is believed to not going to be made. No refund or remedy will be made to the client if this happens for any reason.
1.6.1.5 British Canoeing/Paddle UK courses and Assessments cancelled for not meeting the assessment or training course remit
Any British Canoeing/Paddle UK course(s) or assessments that have a defined upper or lower remit may be cancelled at any time due to the remit not being met and/or exceeded. This is due to British Canoeing/Paddle UK rules and requirements and we have no choice on this matter. This may also happen if safety concerns are apparent or believed may become apparent due to weather and/or any other issues and/or concerns.
If such a course, training, session or assessment is cancelled due to this, then no refund will be given, but a suitable date will be arranged to carry out the course, activity, session and/or assessment. Any cancellation/rescheduling/postponement can be up to the immediate start of the course/session/activity/assessment. British Canoeing/Paddle UK require that courses such as Coach and Leadership courses, training and assessments have a minimum and/or maximum remit on weather, conditions, river/lake/loch type and other parameters and are clear that these activities cannot take place outside of these.
Any refund given will be solely at the discretion of Inland Inspiration staff.
1.6.1.6 Non payment or late payment of fees and Charges from this
If fees/invoices or any other monies have not been paid as owed to Kirston Elton T/A Inland Inspiration within 31 consecutive days after either issuing of any invoice and/or attendance at a course/session/activity/event/any other work that the person incurring those fees attended or commissioned/requested, then Interest will be charged at a rate of 8% of the total owed per day plus the current Bank of England Interest rate. The interest each day will only be charged on the original/actual fee not having been paid. Kirston Elton T/A Inland Inspiration reserves the right to take additional action to recover any costs for courses, events, damage or any other monies owed where non-payment has occurred regarding the above timescales in this condition.
We reserve the right to also cancel your course/place on course and/or activity/session due to non-payment at our discretion as an additional measure for non-payment.
1.7 Cancellation/rescheduling/postponement due to weather, behaviour etc.
If Inland Inspiration cancel any activity or activities on grounds of safety, weather, illness or any other reason, then an alternative date for this activity or activities will be made. No refund will be made and Inland Inspiration will make all reasonable attempts to find a reasonable alternative date. No refund will be made at any point if reasonable alternatives have been provided and/or the customer/client has refused these/this date/dates for any reason. Should a session be cancelled on the day or during the session or a client/customer is asked to leave the session due to behaviour, attitude, safety, unacceptable behaviour, drink, drugs or any other reason, then no money/refund will be paid out or entertained.
1.8 Cancellation/rescheduling due to behaviour, equipment, medical issues etc.
Inland Inspiration reserve the right to cancel or postpone any activity or activities should their staff suspect or become otherwise aware of any reason that the customer/client or their equipment is or may not be appropriate, suitable, safe or due to poor behaviour and/or conduct or be able to otherwise – for whatever reason – to carry out the activity or activities on safety, medical or any other grounds. This will include, but not be limited to alcohol or drug consumption for example, equipment state of repair/appropriateness for the activity, customers mental wellbeing or their conduct. In any such case no refund will be made to the customer or client regardless of when this decision is made before or during the activity paid for. Should the reason for this cancellation be known medical reasons which can be researched and a suitable/appropriate/safe alternative or remedy be found, then an alternative and appropriate date can be arranged with the customer/client if appropriate and timely notification is made to us, but no refund will be made for any delay or rescheduling.
Any additional reasonable costs incurred to ensure safety or suitability otherwise for the activity/activities will be discussed with the customer/client first and an additional charge to cover this may be required if incurred by Inland Inspiration. If this is not paid and the reasonable adjustments therefore cannot be made, then Inland Inspiration reserve the right to cancel the activity without any refund due to reasonable attempts having been made to find alternatives and/or reschedule.
1.8.1 Inappropriate conduct and/or behaviour or safety concerns with clients.
The client/customer/you agree to act safely, responsibly and appropriately at all times. This includes safety and acting safely and reasonably at all times, heeding reasonable instructions and advice from our staff, language and behaviour towards other clients and members of society during courses and activities, behaviour and conduct towards us and our staff, behaviour and conduct relating to British Canoeing/Paddle UK Codes of Conduct and other codes including (but not limited to) safeguarding, environmental, access etc, compliance with law/legal and civil legislation and responsibilities, illegal activities or activities/actions that may lead to breaches of law, moral or unethical actions or conduct/speech, hate speech, discrimination or perceived discrimination or any other action/words or conduct that may reasonably be believed to constitute poor conduct and/or behaviour towards our staff, people, property etc.
1.8.2 Actions regarding poor conduct and/or behaviour
Should any complaint be received from clients/customers or others outside the course/session/activity and this is reasonably believed to have taken place then we reserve the right to remove you or your staff/members of your group from our course/session/activity and/or cancel any future courses/activities/sessions booked by you at no cost to ourselves. No refund or damages will be paid or entertained or discussed.
Should any inappropriate conduct, behaviour or language, actions or otherwise be witnessed or heard by our staff by any client(s), customer(s), you etc then we reserve the right to remove you or your staff/members of your group from our course/session/activity and/or cancel any future courses/activities/sessions booked by you at no cost to ourselves. No refund or damages will be paid or entertained or discussed.
Should any unsafe or potentially unsafe act or an act that may lead to an unsafe or potentially unsafe act/situation be witnessed or be made aware to our staff before, during or after a session/activity/course etc then we reserve the right to remove you or your staff/members of your group from our course/session/activity and/or cancel any future courses/activities/sessions booked by you at no cost to ourselves. No refund or damages will be paid or entertained or discussed.
You understand that any actions, language or behaviour that could be reasonably believed to constitute a safeguarding concern will – in line with safeguarding training – be reported as soon as reasonably practicable to the appropriate safeguarding body and – if requested and/or required a statement or other evidence relating to such behaviour will be made available to such a body and/or The Police. If such as concern is witnessed, heard or suspected and/or complained about to our staff about you or your staff, then the course may be stopped immediately and the person the alleged behaviour was carried out by will be immediately removed from the course. The Police may be called if appropriate or required by Safeguarding training and/or legislation. You and your staff may not be allowed on future courses, sessions, activities due to such behaviour and no refund, remedy or damages will be paid or discussed due to this.
You agree to abide by all law, codes of conduct, ethics, Safeguarding requirements and other such requirements at all times, unless they would create an unsafe environment and/or situation. If this is believed to be the case you will make our staff aware of this immediately.
1.9 Rental of our Equipment
If Inland Inspiration equipment that is rented, loaned or used for any lesson/activity/session/course by the client, customer or you or your staff/representatives or your clients, is damaged due to the malicious act or neglect on the part of the client or through wilfully ignoring any advice or instruction from Inland Inspiration staff, poor training beforehand or generally at the discretion of Inland Inspiration, then Inland Inspiration reserve the right to require a full or partial contribution to the repair, refurbishment (or any work required to ensure it’s continued safe usefulness for its intended purpose) or replacement of the equipment. This may include seeking financial redress through the Courts. This may also include loss of business while this equipment is not able to be used.
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1.10 Payment methods
Payment for any lesson, trip, course, assessment or any other activity through Inland Inspiration will be made in accordance with instructions from Inland Inspiration staff. All payments will be in the currency of the United Kingdom. No other currency, cryptocurrency, IOweYou or other forms of payment in kind etc will be entered into for any activity/course/session etc.
1.11 Medical Conditions, Injuries etc.
1.11.1 Informing us of Medical Conditions and Injuries
Inland Inspiration require customers/clients to inform them of any medical or other conditions that may affect their ability to safely conduct themselves or take part in a session/activity/course etc under instruction or independently, whether incurred and/or present before or during the course/session/activity etc. For any freelance work you are responsible for ensuring that our staff are fully aware of any medical conditions or other issues that may affect the health and safety of the participant(s).
It is the responsibility of the customer/client to keep Inland Inspiration staff up to date throughout their/the lessons/instruction on any conditions that may have arisen or be suspected, that could affect their safety or ability to engage in any activity/session/course etc. Inland Inspiration will take no responsibility for any medical issues if reasonable information has not been provided in a timely fashion to Inland Inspiration and/or their staff or representatives.
Should any such information come to light before or during any session/activity/course etc. then we reserve the right to end any such session/course/activity etc on safety grounds and/or any future activity/session/course etc. on such grounds whether actual or perceived risk is apparent.
1.11.2 Responsibility and Consequences of Injuries and/or Medical Conditions and Informing Us of Conditions
Inland Inspiration accept no responsibility for any consequences howsoever caused should a condition, injury or other medical condition – or the true extent or limitation of any such condition – not be fully made aware to Inland Inspiration staff in a reasonable time before or during any lesson, whether the client is aware of that condition or not. This includes any injuries sustained during a session, trip, course or other Inland Inspiration activity.
All clients, participants, customers of any activity/session/course etc must ensure that they make our staff aware of any such injury incurred during a session/course/activity etc – whether actual or suspected – immediately they become aware of it so that appropriate treatment can be offered. You have the right to refuse any treatment or checks by our staff or course participants – if they are trained – but such refusal will be required to be witnessed or signed for and you understand the implications of refusing such treatment and/or checks.
1.11.3 Conditions and/or Medical Conditions Requiring Cancellation and/or Reasonable Adjustments
If an existing or known medical condition is made known to Inland Inspiration staff that requires or could require Inland Inspiration to cancel or postpone any lesson or guided trip, less than a week before that lesson, course, session, activity or trip, then Inland Inspiration may cancel and/or reschedule any course/session/activity/assessment and/or retain all or any payment towards that lesson or trip if reasonable adjustments or other rescheduling or measures cannot be found or put in place in time for the session for safety or any other reasonable reason. Inland Inspiration will discuss and/or attempt to put in place reasonable adjustments and/or reschedule the activity in the first instance. Our Cancellation Policy in Condition 1.6 will continue to have effect depending on when the medical condition and/or its seriousness was informed to us and whether we can take any reasonable measures.
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1.11.4 Additional Payments Due to Medical Conditions, Illness and/or Injuries
Inland Inspiration may, following research into any declared condition, require additional payment to cover the cost of any additional safety or other equipment or contractors that may be required to safely carry out that lesson/activity/course/assessment/session. If the customer/client does not agree to this additional cost, equipment or contractor use, then Inland Inspiration may cancel and/or reschedule the lesson/activity/course/assessment/session and will not refund any payment in part or full already made towards the lesson or trip that the additional equipment would be needed or appropriate for. Conditions 1.3, 1.4, 1.5 and 1.6 will also take effect in relation to any such equipment, service, staff/contractor or other consideration that is loaned, rented, used or contracted in for such purposes as this condition relates.
Any damage and/or loss of or to any equipment loaned/rented or used by the client/customer or a member of their group or participant and that equipment is from an outside source, then the client/customer is liable for the repair and/or replacement and any other costs associated with the damage such as loss or revenue to the owner of that equipment and will be between them and the owners of that equipment.
1.12 Late Arrival of Clients and Delays from this
1.12.1 Lateness for general sessions/activities
Late arrival of client(s)/customer(s) at activities will be accommodated for as much as possible, but if their lateness causes any activity to overrun into or potentially cause the late running of the next arranged activity for any customer/client or affect the running of the day’s sessions/activities in any way (including breaks, rest, equipment set up or preparation for example) as deemed by our Guide/Coach/Leader/Instructor or staff, then the late customer/client understands that their activity will be shorter that that arranged/booked/agreed to ensure other customers/clients are not inconvenienced or safety put at risk, that is that the activity/course etc of the late arriver will finish at the scheduled time regardless of when they arrive. It may be required to cancel their session entirely if they are late and this lateness affects the running of their own and subsequent sessions or the non-session activities of the Guide/Coach/Leader/Instructor as deemed by the Guide/Coach/Leader/Instructor. No refund in whole or part will be made to the late party for any lost time on their activity or activities or any cancellation of their activity/session/lesson/course etc.
1.12.2 Lateness for Courses
If a client/customer or member of their party is late for any course (including First Aid, Safeguarding, Paddle UK or other such courses) and this lateness is such that allowing them to join the course would be to the detriment or adversely affect the learning and/or safety of the other attendees or general running and good running of the course, or mean that the syllabus is not adhered to in a way that would cause harm to that course, syllabus or the tutor status of the Coach/Leader/Guide/Instructor/Tutor or cause the Coach/Leader/Guide/Instructor/Tutor to devote a disproportionate amount of time to catching up during or after the course, then the late person or persons will not be allowed to join the course and will forfeit their place and payment on/for that course. If there is a reasonable mitigation that might be found by talking to the Governing Body or other responsible body for the course, then this may be attempted at the discretion of the of the Guide/Leader/Coach/Instructor/Tutor.
1.13 Understanding of Risk and Participation by Those Taking Part in Activities
Customers understand that paddlesports – including kayak, open canoe/canoe and standup paddleboard (SUP) and any other activity, course, session, training or whatever it may be that we run, lead, coach, tutor, teach etc are or may involve outdoor and adventurous activities that require an element of common sense and self preservation to do safely. You and anyone in your party have been briefed and/or understand that these activities carry an element of risk that the customer/client/party/members of group understands, accepts and is familiar with this. The client(s)/customer(s) and any member of their party and/or group understands and accepts this risk and will ensure that their conduct and behaviour will at all times reflect the presence of this risk and preservation of their, the members of the group, members of public and Guide/Leader/Coach/Instructor/Tutor’s personal safety will be considered and be of paramount importance in their actions and participation in any activity/session/course/training etc. This risk may come from injury from collision, accident, slips, trips, falls, aches, strains, pollution, illness or any other injury or illness/death or risk. Inland Inspiration will do everything in their power to reduce or eliminate these risks such as additional safety measures, equipment or moving location or rescheduling or other reasonable actions/methods etc if possible. The client/customer and their group members/participants understands that their conduct, behaviour and other parameters within their control can affect safety, learning and the good running of any activity/session/course etc and so accepts that they must listen, acknowledge and adhere to advice, guidance and requirements from Inland Inspiration and their representatives and apply good behaviour, common sense and risk awareness and self preservation and then act accordingly in a manner a reasonable person may do.
1.13.1 Declaration Form, Medical Form, Information and Joining Instructions
Inland Inspiration will provide before any first lesson/activity, a declaration form and other documents including a medical form for the client/customer and their group members/participants to read and understand. It is the responsibility of the client/customer and their group members/participants to read and understand these, the Terms and Conditions and any other information sent or supplied or communicated in any way whether verbally, on the phone or through any electronic communication and adhere to it. Any clarifications required should be asked via e-mail to Inland Inspiration on their current recognised e-mail address. The failure to provide completed documentation at the start of any activity may mean any activity being cancelled or postponed for safety or any participant being prevented from taking part.
Inland Inspiration staff may speak to the client/customer about the declarations before the activity commences to satisfy themselves that they do understand the terms and to ensure that Inland Inspiration and its representatives have all available information to ensure a safe and enjoyable activity/course/session/assessment etc and that the medical or any other condition/parameter etc do not cause a safety issue or other issue. By e-mailing the documents and declaration to clients/customers, the client/customer understands that Inland Inspiration will take receipt of these and that the client/customer has read, understands and accepts these terms and declarations – including those on the declaration form in the Joining Instructions. Inland Inspiration may require signed declaration to this effect before or after the session having verbally confirmed understanding with the client/customer or any member of their group or participant before any session.
If Joining Instructions have not been received, then the client/customer or any member of their group or participant should contact us and make us aware of this or if the joining instructions are not legible or cannot be read or understood.
1.13.2 Assumptions Regarding Terms & Conditions, Joining Instructions etc.
We assume that clients/customers who have booked for sessions have passed onto the members of their group, participants in their booking, or anyone reasonably who would be interested – such as managers, finance departments, or others, the Terms and Conditions, Declaration Forms, Medical Forms, Joining Instructions and any other information that is supplied by us or information that a reasonable person may or would assume to be appropriate.
By booking and/or continuing to book, participate, turn up or other similar action then we shall assume that you and your group members/participants have read, understood and agree to these Terms and Conditions and continue to be bound by them. If – before the activity/session/course etc you do not agree to the Terms and Conditions or any part of the Joining Instructions or other parts of any information supplied, then you should notify us as soon as possible so that we can discuss with you or the participants affected and if appropriate remove you from the course or the booking. If you do this within the specified timescales in Condition 1.6 of these Terms and Conditions then the refund criteria in this condition and sub-conditions will apply.
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1.14 Water Quality, Contamination and Health Effects of Participation
It should be known by participants that there is an element of risk and common sense behaviour that should be observed at all times. Weather, conditions, water quality or other parameters or conditions/situations can be variable and so the customer understands that they should not ingest water or any other substance or allow it to enter eyes, open cuts or other skin marks/cuts/grazes. Any injuries, deep cuts, abrasions, bruises or other open skin or wounds that could allow water, substances or bacteria to enter their bodies will be made known to Inland Inspiration Staff before any activity. Inland Inspiration reserves the right to – without any refund - postpone, cancel or reschedule any activity, event or course or prevent a member of any group or participant from taking part if/when they become aware of any such injuries or instances at any time before or during the session/activity/course/assessment etc. No refund at all will be given.
Inland Inspiration staff are not medically trained other than a 16 hour Outdoor First Aid Course or other similar and appropriate First Aid Course and so no advice on prevention of bacteria entering the body or what to do if they suspect any bacteria has or might have entered the body in whatever means, will be given or taken as medical advice and the client(s)/customer(s) and any member of their group or participant acknowledges that if anything that they believe could constitute advice in this regard and relating to this subject, then it has no medical or legal basis and should not be relied upon and has been given in good faith. No claims or otherwise will be entered into or entertained should the client(s)/customer(s) use any such advice or information that they may or may not have heard from Inland Inspiration staff or others. Clients/customers understand that if they have any problems or concerns then proper and qualified professional medical advice should be sought from the NHS or appropriate private medical/health provider. The client/customer should inform the medical practitioner that they have been learning/paddling etc in river/lake/loch water or have been taking part in activities in an outdoor environment and so waterbourne or other conditions/diseases may be present.
If any participant believes that they may have been contaminated by any means through ingesting water, affected by contaminated water, materials, needles or any other means, then they should notify their Guide/Leader/Coach/Instructor/Tutor as soon as possible to ensure appropriate and timely response and the protection of the health