Terms & Condition ? Parts 1-6.
Part 1
Terms & Conditions ? E-commerce Store
Trick Tech LTD (?www.tricktech.co.uk?) owns and operates this Website. This document governs your relationship with http://tricktechold.wpengine.com (?www.tricktech.co.uk?). Access to and use of this Website and the products and services available through this Website (collectively, the ?Services?) are subject to the following terms, conditions and notices (the ?Terms of Service?). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the ?Linked Sites?), which are not operated by http://tricktechold.wpengine.com . http://tricktechold.wpengine.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Information Collection, Use, and Sharing ?We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. You can unsubscribe from any such emails via the email unsubscribe button on the email its self or by contacting Trick Tech and informing us of your wishes to be unsubscribed from emails.
Your Access to and Control Over Information ?You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
Security ?We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for ?https? at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page.
Orders ?We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we?ll use this information to contact you.
Links ?This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests ?From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person?s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as ?spam?; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and http://tricktechold.wpengine.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of http://tricktechold.wpengine.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by http://tricktechold.wpengine.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with http://tricktechold.wpengine.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. http://tricktechold.wpengine.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party, which you have contracted with. This will usually be http://tricktechold.wpengine.com or may in some cases be a third party. Where a contract is made with a third party http://tricktechold.wpengine.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ?Total Cost?.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Payment of services can only be fully refunded 1 week prior to the start of the service in question. Cancellation of services within 1 week and 48 hours of start time can be refunded at 60% of the services cost. No refund will be giving for cancellation of services within 48 hours of the start time.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law http://tricktechold.wpengine.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect http://tricktechold.wpengine.com liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with http://tricktechold.wpengine.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to http://tricktechold.wpengine.com .
Indemnity
You agree to indemnify, defend and hold harmless http://tricktechold.wpengine.com its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
http://tricktechold.wpengine.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and http://tricktechold.wpengine.com Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of http://tricktechold.wpengine.com
Gift Vouchers for Trick Tech services
Can be used on all of Trick Tech's services.
Lessons, coaching, clubs and group sessions.
Skateboarding, Snowboarding and Scootering.
PLEASE NOTE ONLY 1 GIFT VOUCHER CAN BE USED AT A TIME WHEN BOOKING.
Gift vouchers are none refundable.
Gift vouchers can be redeemed up to 1 year from purchase date.
Part 2 ?
Parent/Guardian/Participant Consent AND LEGAL WAIVER
PLEASE NOTE THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.
SIGNING OR TICKING THE CHECK BOX TO THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY!
Venues: The Snow Centre, indoor snow domes, outdoor artificial snow slopes, mountain resorts, XC skate park Sports Space Hemel Hempstead, Council Skate parks, Private skate parks, Parks and specified areas by the Parents, Guardians or Participants.
Description of activity: Learning or improving in skateboarding, bmxing, scootering, roller blading, skiing, snowboarding, gymnastics and free running.
This may include other activities that are geared towards improving in these sports and activities.
Essential Information
Helmets and Protection Equipment
Use of an approved snow helmet is mandatory in the Snow Centre, indoor snow slopes, outdoor slopes and mountain resorts and can be provided to the attendee if they do not have their own one.
Use of a skate park helmet is mandatory during skateboarding and scootering lessons, coaching. Protective pads, including back, knee, elbow, wrist and impact shorts is also recommended
for all attendees.
Assumption of Risks
Trick Tech Ltd offers many sports and recreational activities in addition to skateboarding, scootering, bmxing, roller blading, snowboarding and skiing. All of these
activities involve the risk of injury. All attendees are required to have agreed the terms and conditions regarding, Release of Liability, Waiver of Claims, Assumption of Risks and
Indemnity Agreement.
Consent to Medical Treatment
Parents or guardians of attendees hereby consent to emergency medical treatment being provided to the attendee, and authorise Trick Tech Ltd to sign any
authorisation or consent to medical treatment that may be required by the health care provider. All reasonable steps will be taken to contact the parent, guardian or emergency
contact in the event that medical attention is required by the attendee.
Disruptive Behaviour Policy
Trick Tech Ltd is committed to making their lessons, coaching, sessions, and camps as enjoyable as possible. If an attendee is becoming a negative influence and or disruptive to the group, then
they will be told to stop. If the disruptive behaviour continues, then the attendee, or attendees parent/guardian will be notified and will be excluded from future camps. No refunds will be offered
to those who have been asked to leave.
Travelling to and from activities
Parents, Guardians and participants hereby consent to the participation by the attendee(?s) to travel to and from activities via walking, skateboarding, scootering, bmxing, roller blading and in day
care providers / coaches/ instructors/ staffs/ taxis vehicle(s).
Part 3 ? LEGAL WAIVER Key Freestyle Safety Points
INVERTED MANEUVERS ARE NOT RECOMMENDED.
Freestyle coaching will be provided for those riders ready for progression. Participating in freestyle riding increases the chance of injury and even death. Freestyle riding must only
be practiced under supervision of Trick Techs instructors and coaches.
BE AWARE that features change constantly due to snow conditions, weather, usage, grooming and time of day. Adjust your technique as conditions change.
Read and obey all posted signs, instructions and warnings before using Freestyle features.
Know your Limits and ability level and select the appropriate freestyle tricks to practice. Your physical condition, speed, balance, body movements, alignment, trajectory and
manoeuvre difficulty will DIRECTLY AFFECT YOUR DESIRED OUTCOME.
Know the intended use of the freestyle terrain you have chosen. For example, some features are intended to be used in a series with no stopping and some individually with
stopping areas; jump takeoffs are for jumping and rail takeoffs are for entering onto rails. Your actions can take you out of balance and cause serious injury or death, no matter how
the feature is designed or where you land.
Transitions are changes in the shape and pitch of the ground or feature, or changes from one type of sliding surface to another. Transitions can be gentle or abrupt, and demand
that users be alert and respond to them with accurate movements.
Know where to Land. The SWEET SPOT is between the ?knuckle? and centre of the landing zone. Even if you land on or near the sweet spot, you can still be seriously injured or die
if your landing posture is not correct.
part 4
Photo, Video Release and Email subscription.
This letter confirms the agreement between you and Trick Tech Ltd and their members, officers, directors, coaches, employees, sponsors, independent contractors
and agents regarding your participation in Trick Tech Ltd activities in which you may be photographed or video taped (herein called the Property) from time to time.
For valuable consideration received, you hereby irrevocably grant to Trick Tech Ltd and their members, officers, directors, instructors, coaches, employees, sponsors,
independent contractors and agents perpetually, exclusively, and for all media throughout the world (including print, video, radio, internet and any other electronic medium
presently in existence or invented in the future), the right to use and incorporate (alone or together with other materials), in whole or in part, photographs or video footage taken of
you as a result of your participation in Trick Tech Ltd activities.
You hereby agree that you will not bring or consent to others bringing claim or action against Trick Tech Ltd and their members, officers, directors, instructors, coaches,
employees, sponsors, independent contractors and agents on the grounds that anything contained in the Property, or in the advertising and publicity used in connection herewith,
is defamatory, reflects adversely on you, violates any other right whatsoever, including, without limitation, rights of privacy and publicity.
You hereby release Trick Tech Ltd and their members, officers, directors, coaches, instructors, employees, sponsors, independent contractors and agents from and against any
and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever that you may hereafter have against Trick Tech Ltd in
connection with the Property.
This agreement shall not obligate Trick Tech Ltd and their members, officers, directors, coaches, instructors, employees, sponsors, independent contractors and agents to use
the Property or to use any of the rights granted hereunder, or to prepare, produce, exhibit, distribute or exploit the Property.
Trick Tech Ltd and their members, officers, directors, coaches, instructors, employees, sponsors, independent contractors and agents shall have the right to assign its rights
hereunder, without your consent, in whole or in part, to any person, firm or corporation.
We may contact you via email in the future to tell you about specials, new products or services, or changes to the Terms and Conditions document. You can unsubscribe from any such emails via the email its self or by contacting Trick Tech and informing us of your wishes to be unsubscribed from emails.
Part 5
RELEASE OF LIABILITY WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT. BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS.
PLEASE READ CAREFULLY!
Assumptions of Risk
I am aware that snowboarding, skiing, skateboarding, scootering, free running and all other sports, activities and services provided by or connected with Trick Tech Ltd involve the risk of injury.
Aerial manoeuvres and use of Terrain Park and features increase the risk. Becoming inverted during an aerial manoeuvre, whether intentionally or accidentally, substantially
increases the risk of serious injury. I am also aware that there is a risk of negligence on the part of the Releases, including the failure by the Releases and their staff to safeguard or
protect me or the attendee(?s) from or warn me or the attendee(?s) of the risks, dangers and hazards of participating in the activities, lessons, coaching. I freely accept or accept on the behalf of the attendee(?s) and fully assume all risks, dangers, and hazards associated with the activities, lessons, coaching and the possibility of loss, personal injury or death resulting there from.
Release of Liability, Waiver of Claims and Indemnity agreement
In consideration of my participating in event activities, and for other valuable consideration, the receipt and sufficiency of which as acknowledged, I hereby agree as follows:
I do hereby release Trick Tech Ltd, their members, officers, directors, coaches, instructors, employees, sponsors, independent contractors and agents from all liability.
I do hereby waive as against Trick Tech Ltd , their members, officers, directors, coaches, instructors, employees, sponsors, independent contractors and agents all recourses,
proceedings, claims and causes of action of any kind whatsoever, in respect of all personal injuries or property losses which I or the attendee(?s) may suffer arising out of or connected with my
preparation for, or participation in, the event withstanding that such injuries or losses may have been caused solely or partly by the negligence of Trick Tech Ltd,
or any of their members, officers, directors, coaches, instructors, employees, sponsors, independent contractors or agents.
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all loss, damage, injury, expense or any liability for any property damage or personal injury resulting from my or the attendee(?s)
participation in the Trick Tech Ltd activities;
That I understand clearly that by signing this release I will be forever prevented from suing or otherwise claiming against Trick Tech Ltd their members, officers,
directors, coaches, instructors, employees, sponsors, independent contractors and agents for any loss or damage connected with any property loss or personal injury that I or attendee(?s) may sustain while
participating in or preparing for the activities, lessons, coaching whether or not such loss or injury is caused solely or partly by the NEGLIGENCE of Trick Tech Ltd or any of their members,
officers, directors, coaches, employees, sponsors, independent contractors or agents;
That I understand clearly that Trick Tech Ltd would not permit me or the attendee(?s) to participate in the event, activity, lesson, coaching unless I sign this RELEASE, WAIVER, AND ASSUMPTION OF RISK
agreement, that this RELEASE, WAIVER AND ASSUMPTION OF RISK agreement applies to the event whether occurring in the near or distant future, and that the terms of this
agreement need not be brought to my attention each time I or the attendee(?s) participate in the event, activity, lesson, coaching in order to be effective;
That the term skateboard, scooter, roller blade, bmx, ski/snowboarding event activity, lesson, coaching and related activities as used in this RELEASE, WAIVER, AND ASSUMPTION OF RISK agreement includes
but is not limited to, snowboarding anywhere within the ski area boundary including the snowboard park and all that it contains including but not limited to the jumps, rails and the
use of a button lift.
The use of, but is not limited to, skate parks, local parks, mini ramps, half pipes, bank ramps, rails, boxes, pathways and curbs.
I acknowledge and understand that I or attendee(?s) will be participating in various activities, including but not limited to those outlined above, some or all of which are inherently dangerous.
I or on behalf of the attendee(?s) voluntarily agree to participate in these activities.
By ticking/checking the box, or paying for Trick Tech ltd services and products you understand and agree to the policies presented in this document including part 1, part 2, part 3, part 4, and part 5.
?2013 Trick Tech Ltd
