1.            Introduction

1.1         These Terms and Conditions apply to any bookings a student makes with Performance Therapy Education. By booking a training course, the student agrees that these Terms and Conditions shall apply in full to the delivery of the course by Performance Therapy Education and that they form part of an agreement/contract between you (the learner) and Performance Therapy Education. They also outline your understanding and agreement as customers with our terms and conditions and thus your agreement to abide by them. 

1.2         No variation of these Terms and Conditions shall apply unless confirmed in writing. These Terms & Conditions are subject to change at the discretion of Performance Therapy Education. 

2.            Payments and Bookings

2.1         All courses are outlined by Performance Therapy Education, Performancetherapyed.co.uk website and any other information provided on request. 

2.2         Courses are to be booked and payment made via Performance Therapy Education website, Performancetherapyeducation.co.uk. 

2.3         Students are required to complete our Performance Therapy Education Registration and return a copy to Performance Therapy Education before course enrolment will take place.

2.4         Students must provide Performance Therapy Education with all required details including but not limited to, your name, email address, address, date of birth, emergency contact details, additional learning support needs (if applicable). All gathered information will be stored by Performance Therapy Education in accordance to the Data Protection Act 1998 / GDPR.

2.5         Gathered information will be given to the external awarding body (YMCA Awards) for registration purposes in accordance to the Data Protection Act 1998 / GDPR.

2.6         When a student is booking any course, they must ensure that they have sufficient funds and means of payment.

2.7         Full payment or a payment plan (direct debit) set up upon application and legally binding commitment to pay the balance, is required at time of booking. Course payment includes a non-refundable deposit (variable dependant on course type). 

2.8         Once a student’s deposit has been paid and received; Performance Therapy Education will reserve a place on their chosen course.

2.9         All paid deposits must be cleared before any access to course material, training or assessment provided by Performance Therapy Education. All deposits are non-returnable unless a course is cancelled by Performance Therapy Education.

2.10       A direct debit instalment payment plan is available for Performance Therapy Education courses. Additional Terms & Conditions are as follows: 

2.10.1    Once a direct debit instalment plan is set up the student is required to complete all payments even if they are unable to complete or attend their course.

2.10.2    Failure to pay on time will result in a £25.00 late payment fee to be charged. 

2.10.3    Failure to pay on time may result in the booking being cancelled and all payments made to date to be forfeited without liability on behalf of Performance Therapy Education. 

2.10.4    If required Performance Therapy Education will deem to recover any outstanding debts via a collection agency. 

2.10.5    Certificates will not be issued by Performance Therapy Education unless all fees have been paid in full. 

3.            Cancellation

3.1         Students will have a maximum of a 14 days cooling off period (14 days including a Saturday and Sunday) starting from the course booking date. Within the fourteen-day period students will be able to cancel their course and receive a full refund. 

3.2         All deposits are Non-refundable and therefore do not make up part of the 14-day cooling off period. 

3.3         The student has the right to cancel the course booking and obtain a refund of all fees paid to date (minus the deposit) if the student informs us within 14 days of the booking that they wish to cancel. 

3.4         The student should return all course materials at their own expense, together with a letter or email stating that they do not wish to proceed with the course. If a letter is chosen form of communication then it should be posted recorded delivery. Should the course materials be damaged in any way, the cost will be deducted from any fees refunded. If the course has started within those 14 days, the student agrees that this right of cancellation shall not apply. 

3.5         Once any access to course material, learner support, training or assessment has taken place no refunds can be requested or will be given by Performance Therapy Education. The total course fee must still be paid to Performance Therapy Education. If required Performance Therapy Education will deem to recover any outstanding debts via a collection agency. 

3.6         Requests for cancellations must be made via email or post. Cancellations will be confirmed by email and any refunds agreed will be processed within 10 working days. The refund will be issued via cheque or direct refund to the debit/credit card used for your original payment. 

3.7         In the event a booking is made and no payment is received Performance Therapy Education will auto-cancel the booking within 7 days. If the course starts sooner than the intended 7 days then a cancellation will be made earlier at the discretion of Performance Therapy Education.

3.8         If a student stops attending a course, this will be treated as a cancellation.

3.9         Where a student fails to attend 100% of a course Performance Therapy Education reserves the right to cancel the student from the course (excluding proven mitigating circumstances), resulting in all fees paid to date being forfeited. The student will remain liable for the full amount of the course fees. If required Performance Therapy Education will deem to recover any outstanding debts via a collection agency. 

3.10       If a student is absent from their course due to mitigating/ serious circumstances beyond their control, to avoid cancellation evidence must be submitted to Performance Therapy Education via email within 7 days. All evidence received will be reviewed at Performance Therapy Education discretion with an outcome provided to the learner within the next 7 days. 

3.11        In the unlikely event that Performance Therapy Education has to cancel a course they will offer the student a choice of alternative dates for the same course. Transportation and accommodation costs will not be covered. 

3.12        Performance Therapy Education reserves the right to cancel any training, training day, assessment, assessment day, event up to 24 hours prior. Performance Therapy Education will not charge you the learner for the rebooking, if we Performance Therapy Education, cancel reschedule the booking, however Performance Therapy Education will not be held liable, pay, refund, any monies to you the learner or any client(s) and or participant(s).

3.13        Performance Therapy Education are not liable for the costs incurred by you the student taking part in and or providing any client(s) and or participant(s) to any training days, assessment, assessment days and events. All fees are accountable by you the student. This includes and is not limited to travel expenses, overnight stays and equipment where applicable.

4.            Course Transfers

4.1         A course transfer can be made once only. 

4.2         The student must notify Performance Therapy Education in writing via email or post if they wish to transfer their original booking to alternative dates. All transfers up to 28 days before the course start date will be subject to a £25.00 transfer fee. 

4.3         If the student requires to transfer from one set of course dates to another a charge of £25.00 will be made to transfer to another set of course dates. 

4.4         If a transfer is requested less than 28 days before the start date of a course, Performance Therapy Education have the right to not transfer the booking. 

5.            Certification

5.1         Certificates will be issued with the name supplied on the application form and/or confirmed in the student’s confirmation email. It is the student’s responsibility to ensure that the information held by Performance Therapy Education is correct. 

5.2         Certificates will not be issued unless all fees have been paid in full and all requested documents have been received including all outstanding direct debit payments. 

5.3         All certificates produced by the courses Awarding Organisation (YMCA Awards) will be sent via Recorded Delivery (unless expressly requested otherwise by the student) and a signature will be required. 

5.4         Replacement certificates can be obtained at the charge applicable of the Awarding Organisation at the date of ordering. 

6.            Examination/assessment referrals

6.1         Students are required to sit examinations remotely adhering to the external Awarding Organisation’s examination invigilation processes. It is a student’s responsibly to ensure their device meets the required system requirements enabling them to use the required software application to sit their examination. 

6.2         Performance Therapy Education will not be held responsible for a student’s failure to meet the required system requirements for examination, resulting in a student to refer their examination. 

6.3         Performance Therapy Education are not obliged to refund any fees if a student fails to meet the required system requirements for examination. 

6.4         If a student refers or cancels an examination they will be charged the current rate of £40.00 for re-booking. It is the student’s responsibility to re-book their examination and the booking will not be taken until full payment has been received. 

6.5         Performance Therapy Education are not obliged to refund any fees or offer an alternative date if a student fails to attend an examination. 

6.6         If a student refers a practical assessment, they will be offered a free re-assessment during the next intake of students for the next course. It is the student’s responsibility to confirm their booking for their re-assessment. There is no charge for a practical re-assessment. 

6.7         If the conditions of a practical assessment are not complied with by the student they may not be assessed. Assessment instructions are given on the course by the tutor / assessor.

7.            Active participation

The practical days of a student’s course will require active participation, with this in mind we can reasonably expect all students to:

7.1         Disclosure to their tutor / assessor any medical or health concerns including possible injury that may affect their active participation.

7.2         Before attendance and use of equipment and facilities, if students remain concerned they should seek advice from a relevant medical professional and follow that advice.

7.3         Students should make themselves aware of any rules and instructions provided by their tutor/ assessor, including any warning notices within facilities. 

7.4         Students should not exercise beyond their own capabilities. Exercise carries its own risks. Students should not carry out any activities which they have been told are not suitable.

7.5         It is a student’s responsibility to let their tutor / assessor know immediately if they feel ill and may affect a student’s active participation on their course. 

7.6         Students will NOT hold Performance Therapy Education responsible for any medical issue or accident that may occur whilst participating as a student of Performance Therapy Education. 

8.            Systems requirements

8.1         It is a student’s responsibility to ensure for the distance learning part of their course they meet the following systems requirements enabling them to access their E-learning and undertake their examination assessment: 

•             A laptop or desktop computer with a working webcam and microphone 

•             Operating software: Windows 8 and higher, Mac OS X and higher, ChromeOS and most Linux distributions (64-bit Ubuntu 14.04+, Debian 8+, openSUSE 13.3+, or Fedora Linux 24+)

•             Google Chrome browser 

•             A smartphone with the Proctor Exam application installed: Android 4.1+ and iOS 10.0+. Smart devices (smartphone or tablet) with a camera are supported. Note: Huawei P30 and Google Pixel 3 are not compatible with the Proctor Exam application. 

•             A strong and stable internet connection with a minimum of 2.0 Mbit/second upload speed, 10 Mbit/second download speed, and ping under 25 ms.

8.2         Performance Therapy Education will not be held responsible for a student’s failure to meet the required system requirements to access any part of their course and / or examination, resulting in a student to refer any assessment.

9.            Responsibilities and liability 

9.1         Performance Therapy Education does not guarantee that a student will pass a course or that successfully completing a course will provide a student with anything other than the qualification granted under that course. 

9.2         Performance Therapy Education shall not be liable for any loss, damages, costs, claims, demands, expenses or liabilities of whatsoever nature arising out of the delivery of the course to a student as a result of their act or omission including but not limited to the following: 

•             The student’s failure to follow any oral or written instructions or recommendations in relation to the course/assessment. 

•             The student supplies to Performance Therapy Education any information that is inaccurate, false, misleading or out-of-date. 

9.3         Any loss or damage to any personal items and valuables which the student brings to a course. Except in respect of death or personal injury caused by Performance Therapy Education’s negligence or the negligence of their tutors, Performance Therapy Education shall not be liable to the student by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms and Conditions, for any loss of profit, pure economic loss, loss of business, depletion of goodwill or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Performance Therapy Education tutors, employees, agents or sub-contractors) which arise out of or in connection with the delivery of the course/assessment or the student’s participation in it and use of its qualification by them. 

10.         Student responsibilities

10.1       It is the student’s responsibility to ensure that Performance Therapy Education holds his or her correct personal information. Performance Therapy Education will not be liable for any errors due to incorrect personal information supplied by the student. 

10.2       All students must comply with the Performance Therapy Education’s Teaching & Learning Agreement. Any student found guilty of breaching the Agreement will be removed from their course and all fees paid will be forfeited. If any student’s behaviour results in breaches of the law, Performance Therapy Education reserves the right to involve the police and to prosecute the individual(s) concerned. 

10.3       Students found to be aggressive, abusive, threatening, towards any members, staff, sub-contracted staff, management, assessors, tutors, internal verifiers, members of the public of Performance Therapy Education, via telephone, face to face, email, chat, reviews and posts, including all communication, and not limited to, will be immediately removed from their course and all fees paid will be forfeited.

10.4       Students will adhere to Performance Therapy Education’s equality and diversity policy at all times.

10.5       Performance Therapy Education will offer support to students with individual learning needs and/or disabilities. It is the student’s responsibility to inform Performance Therapy Education of any individual needs at the time of booking so that appropriate support can be provided. 

10.6       Any compliments, suggestions or complaints must be made, given, provided using the procedure provided in the compliments, suggestions and complaints policy.

10.7       Students must not cause, induce, or be party to any malpractice and maladministration as stated in the Malpractice and Maladministration policy. 

10.8       Students must provide a form of identification prior to commencing any course and if called upon at each schedule training, training day, assessment, assessment day and event.

10.9       Should students wish to appeal against any assessment result they must complete the appeal document as given in the induction booklet in accordance with the appeals policy.

10.10     Students cannot undertake assessments without attending the classroom face to face mandatory days. 

10.11     Students cannot undertake assessments they have not completed the mandatory learning be it face to face classroom learning, e- learning, distance learning, mentor learning. 

11.         Data protection/ GDPR

11.1       It is Performance Therapy Education’s policy to respect the privacy of its students. In order to support students’ learning, they will disclose students’ details and information to the tutor(s) / assessor(s) delivering the course and also any funding/training partners specific to the student’s course but they will not disclose the details and information provided by the student to any other third party without their consent unless: 

•             they are specifically required to do so by law; 

•             it is in response to a valid, legal request by a law enforcement or governmental authority. 

11.2       By making a booking, the student acknowledges and consents that Performance Therapy Education may store and process their personal details and information (for example their name, address, telephone number, email address and disclosed medical conditions/learning needs) in accordance with any relevant data protection and GDPR legalisation and that they may use this information for the purposes outlined in these Terms and Conditions. 

11.3       Performance Therapy Education maintain databases of their students both manually and electronically. They use this information from time to time for mailing information about the services that they offer. They always ensure, however, that they handle data about their students in accordance with the provisions of the Data Protection Act 1998. 

11.4       Due to the new GDPR legislation Performance Therapy Education now need our students to let us know if they wish to continue to receive communications that include new offers, product updates, industry news and promotions including new qualifications and course updates that we will be launching during the year.

11.5       If, at any time, a student does not wish Performance Therapy Education to provide them with this information or to retain their personal details on the database then please inform Performance Therapy Education in writing. 

12.         Ownership of course materials 

12.1       All intellectual property rights in course materials are owned by Performance Therapy Education. The student agrees not to replicate, alter, modify or distribute the materials or do anything which would infringe upon any rights.