Badger Bushcraft Terms & Conditions
1. In this contract the following words have particular meanings.
"Badger Bushcraft" is the trading name of Philip Brown of 2 Oak Tree Villas, Rock Hill Road, Egerton, TN27 9EA.
"Client" is the person or persons who submit to Badger Bushcraft the Booking Form.
"Party" is each individual named by the Client in the Booking Form including the Client.
"Course Fee" is the fee specified by Badger Bushcraft as applicable to each course.
"Deposit" is 25% of the Course Fee (or such other sum as agreed by Badger Bushcraft from time to time).
"Booking Form" is the form attached to these Conditions or such variation as provided by Badger Bushcraft from time to time.
"Instructors" and "Assistants" are those individuals employed or appointed by Badger Bushcraft to assist with the provision of the Activities.
"Activities" is the outdoor activities and instructions specified by Badger Bushcraft from time to time including, but not limited to, bushcraft instruction, wild camping, navigation, wild foods, outdoor cooking and primitive craft.
"Course" is the course offered by the Badger Bushcraft from time to time at the time and place therein specified.
2.1. The Client will complete the Booking Form for and on behalf of the Party and send the Booking Form to Badger Bushcraft by email, post or fax.
2.2. The Client warrants that:
2.2.1. he is over 18;
2.2.2. he has the authority to complete and submit the Booking Form on behalf of the Party;
2.2.3. each member of the Party understands and accepts these conditions;
2.2.4. he will be the main point of contact between the Party and Badger Bushcraft.
2.3. Badger Bushcraft's acceptance of the Booking is conditional on:
2.3.1. Payment of the Deposit by cleared funds (please note that cheques may take 10 working days to clear). If payment is not made then the booking will be deemed to be cancelled.
2.3.2. Payment of the Course Fee if the booking is placed within 28 days of commencement of the Course.
2.3.3. Completion of a Medical Emergency and Consent Form for each member of the Party.
2.4. Badger Bushcraft reserves the right to refuse bookings to the Client or any member of the Party at its absolute discretion. In the event of Badger Bushcraft refusing a booking the Deposit will be refunded in full.
2.5. The Booking Form shall not be amended after it has been submitted to Badger Bushcraft without the prior written consent of Badger Bushcraft.
3.1. In consideration for providing the Activities the Client and Party will pay to Badger Bushcraft the Course Fee on or before the date specified in the Booking Form.
3.2. The Course Fee is exclusive of Value Added Tax which, where applicable, will be paid by the Client and the Party to Badger Bushcraft in addition.
3.3. If the Course Fee is not paid on or before the due date Badger Bushcraft may (a) charge the Client interest at the rate of [5.5%] above base lending rate and (b) treat the booking as cancelled at its absolute discretion and without notification to the Client or the Party.
4. Age Restrictions
4.1. All members of the Party under the age of 18 must be accompanied by an adult.
4.2. Adults will be responsible for the conduct and behaviour of those in their charge who are under 18.
4.3. Badger Bushcraft acknowledges that one adult may be responsible for more than one minor.
4.4. Badger Bushcraft may, in its absolute discretion, vary the age restriction set out above but only by prior written agreement.
5.1. Subject to Badger Bushcraft's approval of the Booking and Payment, Badger Bushcraft will provide the Activities and the Course.
6. Variation of Activities and Course
6.1. Badger Bushcraft will make every effort to comply with and fulfil all Course criteria and content.
6.2. By their nature the Course and Activities may be affected by natural forces beyond the control of Badger Bushcraft.
6.3. Therefore, Badger Bushcraft reserves the right to vary or modify the Course and Activities without prior notification to the Client or Party.
6.4. Badger Bushcraft shall have no liability or be deemed to be in breach for any such modification or variation to the Course and Activities.
7. Client/Party Conduct
7.1. The Client and the Party must behave in a responsible manner at all times and comply with the instructions of Badger Bushcraft and its Instructors and Assistants.
7.2. The Client and other adults in the Party are responsible for the behaviour of all children in their charge.
7.3. For safety reasons, Badger Bushcraft and its Instructors and Assistants reserve the right (in their absolute discretion) to exclude any member of the Party from all or any of the Course or the Activities.
7.4. Badger Bushcraft shall have no liability and the Party shall not be entitled to any compensation in the event of any such exclusion.
7.5. The Client and Party shall indemnify and keep indemnified Badger Bushcraft against any liability (including costs) to third parties as a result of a breach of this clause.
7.6. A non exhaustive list of circumstances that may warrant exclusion includes (but is not limited to) intoxication, use of recreational or non-prescription drugs, making false statements on the Booking Form or the Medical Emergency Consent Form, disorderly, unsafe or inappropriate behaviour, unsafe use of equipment or tools, failure to maintain control of children, incapacity or inability (at the absolute discretion of Badger Bushcraft) to meet the rigours of any part of the Course or Activities for physical or mental reasons.
7.7. It is recommended that if the Client or a member of the Party is unsure whether he will be able to meet the rigours of the Course he should take a GP's advice prior to booking.
8. Cancellation by the Client/Party
8.1. Once Badger Bushcraft accepts the booking, the Client will not normally be able to cancel the contract except where Badger Bushcraft agree or otherwise as provided for in this contract.
8.2. If the Client gives notice of cancellation more than 28 days before the start of the Course, the Deposit will be forfeited.
8.3. If the Client gives notice of cancellation of 28 days or less prior to the commencement of the Course, the Course Fee will be forfeited and the Client agrees to pay to Badger Bushcraft such balance of the Course Fee as has not been paid as at that date.
9. Cancellation by Badger Bushcraft
9.1. In exceptional circumstances Badger Bushcraft may have to cancel a Course for reasons beyond its control.
9.2. Unless the Course can be rearranged for another time, if Badger Bushcraft cancels it will refund the Course Fee and Deposit.
9.3. Save as set out in paragraph 9.2, Badger Bushcraft shall have no further liability for the cancellation of any Course.
10. Force Majeure
10.1. Badger Bushcraft shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of God, Government action, failure of power supply, equipment failure, lockout, strike, default, ill-health or death or any other cause beyond its reasonable control and Badger Bushcraft shall not be liable for any loss, damage or expense suffered by the Client, the Party or any third party arising directly or indirectly from any such matters.
11.1. Badger Bushcraft has insurance for the Activities under an "An Adventure Activity Insurance Scheme" up to £5,000,000. The Client and the Party are advised to check the conditions of their own insurance policies regarding hazardous activities and working with hand tools.
12.1. Badger Bushcraft takes all reasonable precautions to minimise risk to the Client and the Party. However, the Course and Activities take place out of doors which is never free from hazard.
12.2. Badger Bushcraft and its Instructors and Assistants shall have no liability to the Client or Party in respect of any claim relating to the Course or Activities unless:
12.2.1. such claim arises as a result of breach of contract, negligence or wilful misconduct on the party of Badger Bushcraft.
12.3. Badger Bushcraft shall have no liability for any consequential loss or damage suffered by the Client or the Party occasioned by any act or omission on the part of Badger Bushcraft including, but not limited to, loss or damage to the personal property of the Client and the Party, including but not limited to vehicles, money, clothing or equipment.
12.4. It is acknowledged that attendance at the Course does not confer on the Client or Party any qualifications and accordingly:
12.4.1. Badger Bushcraft accepts no liability for any loss or damage suffered by third parties to whom a member of the Party has purported to instruct in the Activities or for any loss or damage suffered by a member of the Party as a result.
12.4.2. The Client and the Party indemnifies Badger Bushcraft in respect of any such loss to third parties.
12.5. Badger Bushcraft shall have no liability for any instructions or information except as given by Badger Bushcraft or its Instructors and Assistants.
12.6. Badger Bushcraft shall have no liability for loss or damage incurred as a result of the Party failing to follow instructions from the Instructors and Assistants.
12.7. Badger Bushcraft shall have no liability for any misstatements on the Booking Form or on the Medical Emergency Consent Form.
13.1. If a member of the Party has a complaint he is encouraged to speak informally to an Instructor or Assistant during the Course so that corrective action (if required) can be taken.
13.2. If the complaint is not rectified the Party should contact Philip Brown to be informed of the Badger Bushcraft's complaints procedure.
14.1. The Course and Activities are run in all seasons and will usually proceed regardless of the weather conditions unless Badger Bushcraft, in its absolute discretion, decides that the conditions or forecast present a risk to the Party, the Instructors and Assistants or equipment.
14.2. The Party shall assume that the Course will proceed unless told otherwise by Badger Bushcraft.
14.3. The Client and the Party are responsible for ensuring that they are adequately clothed and equipped at all times.
15. Special Dietary Requirements and Food Allergies
15.1. Badger Bushcraft is used to providing meals for both vegetarians and vegans. If you have any special dietary requirements please contact us to discuss as to how we may best be able to cater for you during the Course.
15.2. If you suffer from life threatening allergies from any food substances such as nuts then we advise you to provide all snacks, meals and drinks for yourself. We will be happy to offer a discount to the Course cost should this be the case.
16.1. The Client indemnifies Badger Bushcraft in respect of all loss and damage suffered by Badger Bushcraft resulting from any misconduct during the Course by a member of the Client's Party.
16.2. The Client indemnifies Badger Bushcraft in respect of any claim against Badger Bushcraft by a third party or a member of the Party arising out of the misconduct of any member of the Client's Party.
17. Law and Jurisdiction
17.1. The validity, construction and performance of this agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts.
18. Entire Agreement
18.1. This Agreement contains the whole agreement between the parties and supercedes and replaces any prior written or oral agreements, representations or understandings between them. The parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.