1.1 “Addendum” means the Addendum attached to the conditions.
1.2 “Application” means the Application by you for a place on a Course.
1.3 “Application Form” means the technique you use to make an Application – this may be the submission of a booking form on the Website, a booking made by email or a telephone booking.
1.4 “Business” includes a trade or profession.
1.5 “Commencement Date” means the first day of the Course requiring your attendance, as detailed on the Application form for the Initial Course.
1.6 “Consumer” means an Individual.
1.7 “Course” means the course advertised on the Website for which you have submitted an Application
1.8 “Course Fees” means the fees charged by EMD UK in respect of a course, support services, course materials, awarding body fees, and payable by you.
1.9 “Deposit” means the sum in pounds sterling payable by you to secure a place on a Course.
1.10 “EMD UK” means the Exercise Movement and Dance Partnership Ltd.
1.11 “EMD UK” or “we, us or our” means EMD UK Company Number 05842539 whose registered office is Ground Floor, 1/7 Station Road, Crawley, West Sussex, RH10 1HT
1.12 “Individual” means any natural person who is acting for purposes which are outside his business.
1.13 “Initial Course” means the first Course applied for and in respect of which an application has been accepted and a welcome letter sent.
1.14 “Offer” means the offer from EMD UK to you in respect of a place on a Course.
1.15 “Services” means the details of the Services which appear in the Addendum.
1.16 “Website” means the website under the domain name www.emduk.org
1.17 “Welcome email means acknowledgement of the Application and confirmation of acceptance of you on a Course.
1.18 “you, your” or “trainee” means the student on the Course.
1.19 Each reference in these Terms and Conditions to writing and any similar expression includes electronic communications whether sent by e-mail, fax or other means.
- INFORMATION ABOUT US
2.1 The Website is a site operated by us. We are registered in England and Wales under company number 05842539 and with our registered office at Ground Floor, 1/7 Station Road, Crawley, West Sussex, RH10 1HT
Our main trading address is 14 Graylands Estate, Langhurstwood Road. Horsham, West Sussex, RH12 4QD.
2.2 All of our Qualification Courses are certified through our recognised awarding organisation Active IQ and approved by Ofqual.
2.3 All of our tutors are fully qualified teachers, trainers and/or assessors.
- YOUR STATUS By making an Application over the phone, by email or through the website, you warrant that:
3.1 You are legally capable of entering into binding contracts; and
3.2 You are at least 16 years old.
4.1 These Terms and Conditions govern the sale and provision of the Services by us and will form the basis of the contract between us and you. Before applying please ensure that you have read these Terms and Conditions carefully.
4.2 After applying, you will receive an e-mail from us acknowledging that we have received your Application and informing you about these terms.
4.4 We shall ensure that the following information is given or made available to you prior to the formation of the contract between us.
4.4.1 Services which we will be providing.
4.4.2 Our identity and contact details for the Services.
4.4.3 The total price for the Services.
4.4.4 Arrangements for payments.
4.4.5 Our complaints handling policy, and,
4.4.6 The duration of the contract where applicable or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract.
4.5 By making a booking you agree to be bound by these terms and conditions which shall prevail over any inconsistent terms or conditions contained or referred to in any other documents.
4.6 We draw your attention to Clause 17 in relation to limitation and exclusion of our liability to you.
- PROVIDING THE SERVICE
5.1 As required by Law we will provide the Services with reasonable skill and care, consistent with best practices and standards, and in accordance with any information provided by us about the Services and about us.
5.2 We will make every reasonable effort to provide the Services on time but will not be responsible for any delays if the event is outside our control (see Clause 18).
5.3 If we require any information or action from you in order to provide the Services, we will inform you of this as soon as reasonably possible. If the information or action required of you under this sub clause is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, we may charge you a reasonable additional sum for that work. In the circumstances for example where there is a delay in you sending us information or taking action required under this sub clause, we may suspend the Services (and will inform you of that suspension in writing).
5.4 In certain circumstances for example where we encounter a technical problem, we may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention, we will inform you in advance in writing before suspending the Services.
5.5 If the Services are suspended under sub clause 5.4 you will not be required to pay for them during the period of suspension. You must however pay any invoices that you have already received from us by their due date.
5.6 We always use reasonable efforts to ensure that our provision of our Services is trouble free, if however there is a problem with the Services we request that you inform us as soon as reasonably possible and we will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
5.7 We will not charge you for remedying problems under this Clause 5 where the problems have been caused by us, any of our agents or employees or sub-contractors or where nobody is at fault. If we determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, Clause 5.3 will apply, and we reserve the right to charge you for remedial work.
- LEGAL RIGHTS
6.1 As a consumer you have certain legal rights with respect to the purchase of the Services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015. For details of your legal rights and guidance on exercising them it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office
- COURSE PLACES AND DEPOSIT
7.1 All Course places are subject to availability and are offered on a first come first-served basis.
7.2 We will be pleased to offer you a place on a course in accordance with the offer and its availability if you (or someone on your behalf) pay the deposit to EMD UK. We cannot guarantee you a place on a course if you do not pay the Deposit within this period.
7.3 Subject to your right to cancel this agreement within the cooling off period as set out in Clause 9, the deposit shall be non-refundable. Payments can be made online.
- COURSE FEES
8.1 The course fees detailed on the website are subject to change from time to time and are indicative only. Where a course is funded by an agency, (including government funding agencies) the prices may vary from those detailed on the Website to accommodate the additional administrative costs.
8.2 The cost of the course will be set out in the offer provided that the deposit is paid when due in accordance with Clause 7.2 above. If you do not pay the deposit when due and we subsequently alter the course fees (after the date of the offer but before payment of the deposit) we will notify you of this in writing and our offer will be amended to take into account the revised course fee.
8.3 Monthly payment plans in respect of the Course Fee are available for individuals upon request, however certificates will not be issued until all Course Fees have been received by EMD UK. Further details are provided in the Addendum.
8.4 Your place on the course may be at risk if you do not pay the course fees when prior to the commencement of the course. In addition, we reserve the right to pursue a claim against you for any outstanding fees and losses arising from any delayed or deferred payment.
8.5 If you are a Business then all payments for Course Fees are due within 30 days of invoice.
8.6 EMD UK reserves the right to charge interest pursuant to the Late payment of commercial debts (Interest) Act 1998 on any amounts overdue for bookings made by businesses. If you have not paid the course fees by the start date of the course we reserve the right to withdraw your place on the course and charge you a cancellation fee in accordance with clause 9.
9.1 Once a business application has been accepted for a course then there are no cancellation rights available.
9.2 In respect of Individuals in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015, you may cancel this agreement by submitting to the address below, or via email to firstname.lastname@example.org This must be submitted within 7 days of the date your course booking was made (“Cooling-off Period”).
9.3 If you cancel a course within the cooling-off period, you will be entitled to a refund of all monies paid within 7 days of receipt by us minus the deposit if the resources have been activated.
9.4 If you cancel a course after the end of the cooling-off period, but no more than 28 days prior to the commencement of a course, then you will be liable to pay a sum equal to the difference between the deposit paid and 50% of the total course fees.
9.5 If you cancel a course more than 28 days of the commencement date of the course then you are liable to pay all course fees.
9.6 If your commencement date is within 7 days of the date of your booking is made, your legal right to cancel this agreement under the consumer contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not be waived.
9.7 If you use any of the services provided by us, you waive your right to cancel this agreement and the provisions of clause 9.4 and 9.5 above shall apply.
9.8 If we reserve you a place on a course and you fail to attend without formal cancellation pursuant to clauses 9.3, 9.4, 9.5 or 9.6, you will be liable for the entire course cost, irrespective of whether you intend to complete the course at a later date or not. If you do wish to complete your course, subject to availability, we may be able to permit you to transfer your course in accordance with clause 10.
9.10 Unless made within the cooling-off period, course cancellations will not be accepted if you have already transferred your course to a later date.
- The “Cooling-off Period” relates to the initial course and not to any course that you have transferred to or substituted for the initial course.
10.1 If you wish to make a course transfer, you should do so via email to email@example.com.
10.2 If there is a request to transfer a course within the Cooling-off Period, there will be no further fees due from you in respect of the course, as detailed on your enrolment form. If there is a further request for a second or subsequent transfer, fees will be payable as set out in the Addendum. Subject to any agreed monthly payment plan, we will not be able to complete your transfer, or confirm your new course reservation until all fees have been paid in full. In order to prevent the transfer fee from increasing you should pay your transfer fee promptly and at the time you submit your transfer request. Please note the transfer fees are set out in the Addendum.
10.3 You can make a maximum of 1 course transfer per booking to be completed within a year. After which, we reserve the right to refuse any further transfers for you. Furthermore, if you are eligible for a free transfer (subject to the notice timescales detailed in the Addendum), you will only be permitted to transfer your course without payment for your initial course. Any other transfers will be charged at the rates set out in the Addendum.
10.4 If you transfer your course, you are still required to settle your course fees in accordance with the terms of the original application, and by the due date detailed on your sales invoice. Additionally, you will not be eligible for any refund of Fees paid if the cost of the new course is less than the cost of your initial course.
- RE-ASSESSMENT FEES
11.1 In the unfortunate event that you do not meet the assessment criteria during the course a re-sit charge will be applicable for any assessment that you are required to re-sit. The re-sit must be taken within 6 months of the original assessment date and paid for in full 14 days before the assessment date. If you do not take the re-sit within 6 months, then you will fail the course. Re-assessment fees are set out in the Addendum.
11.2 Re-assessment fees are non-refundable outside of the Cooling-Off Period. If you book an assessment or re-assessment and fail to attend, the charges as set out in the Addendum will apply for the missed assessment. All subsequent re-assessments will also be chargeable at that rate.
- EXTENSION FEES
12.1 Failure to complete your Course within 6 months of enrolling will render you liable for extension charges, as set out in the Addendum, should you still wish to complete your qualification, Unless due to unforeseen issues caused by EMDUK.
- BURSARY PAYMENTS
For full details of the Bursary payment terms and conditions go to ; https://emduk.org/become-an-instructor/bursaries-funding-and-payment-plans/open-bursary-terms-and-conditions/
- ONLINE LEARNING
14.1 Certain Courses involve online learning programmes in addition to practical sessions (“Blended learning”). If you are enrolled on a Blended Learning Programme, we will provide you with a username and password to access the relevant part of the website.
14.2 Access to the online learning platform is restricted to a specific time frame which we will notify to you in writing within the email correspondence.
14.3 All online work must be completed by the planned learning end date detailed in the online learning platform. If you fail to complete all outstanding work by this date extension fees will be payable in accordance with Clause 12. If any work remains outstanding 6 months after the planned learning end date you will fail the Course.
- COURSE MATERIALS
15.1 Ownership of the Course Materials will only pass to you when we receive full payment of all sums due from you in respect of the Course.
15.2 We are the owner or the licensee of all intellectual property rights in the Course Materials and all rights in the design text graphics and other material on the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.3 Where Course Materials are provided online or by email you may print off copies, and you may download extracts, of any page(s) from our Website for learning purposes only. You must not modify the paper or digital copies of any of the Course Materials we have sent to you or you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
15.4 The intellectual property of the course materials remains with EMDUK and Active IQ therefore you must not use any part of the Course Materials for commercial purposes.
15.5 Training manuals are charged at varying prices to reflect the different development and production costs involved. Our standard charging policy is 30% of the gross course cost.
15.6 Replacement Course Materials are available upon request but only when the fees set out in the Addendum have been received by us.
- COURSE VENUE DATES AND TIMING
16.1 EMD UK reserves the right to change Course venues and dates. This is usually done to ensure that the high standard of training associated with EMD UK is maintained. In the event of a venue change, we will use all reasonable endeavours to minimise disruptions to your learning and will inform you in writing or by telephone.
16.2 Wherever possible EMD UK endeavour to re-arrange a Course as soon as possible. Any Course fees payable by you will be transferred to the new Course. If we must postpone a Course on more than one occasion, then we will offer to refund to you the Course fees you have paid.
- LIMITATION OF LIABILITY
17.1 We shall not to the extent permitted by law be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, loss of anticipated savings, loss of data or waste of time).
17.2 Nothing in these terms and conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence nor any liability for fraudulent, misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
17.3 Nothing in these terms and conditions shall affect your statutory rights as a consumer under the Consumer Rights Act 2015, Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013.
- EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
18.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation), the following: a) Deleted numbers strikes, lock-outs, or other industrial action; or civil commotions, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or b) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; or c) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or d) Impossibility of the use of public or private telecommunications networks.
18.3 Our obligations to you are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.
- YOUR RESPONSIBILITY
19.1 It is your responsibility to attend the Course that you have booked with us. We cannot and will not be liable or responsible for any failure on your part to attend part or all a Course that you have booked, irrespective of the reason(s). We will endeavour to be flexible for you by providing you with the opportunity to transfer your attendance in accordance with Clause 10.
19.2 It is your responsibility to commit the requisite level of time and effort to your studies to enable you to achieve the requirements of the qualification, as dictated by the awarding organisation (e.g. Active IQ). While we will endeavour to support you throughout your Course, we cannot accept any liability for any shortfall on your part to achieve the required assessment standard(s).
19.3 You are responsible for ensuring that you complete your Course within the allocated time frame, as detailed in Clause(s) 11 and 12.
19.4 It is your responsibility to ensure that all the assessments and assignments you undertake are entirely your own work. Any proven incidences of plagiarism or malpractice within any assessment will result in disciplinary proceedings being brought against you, in accordance with our Learner Disciplinary Policy. Such actions could include but are not limited to further re-assessment charges being levied, the re-completion of all course assignments or your removal from the Course. If you are removed from the Course, you will not be entitled to a refund of any monies paid and will still be liable for any outstanding fees due. We will also be required to disclose such malpractice(s) to the awarding organisation, who may also prevent you from accessing this course with another provider.
- INFORMATION AND DATA
Full details of our Data policy can be found: https://emduk.org/wp-content/uploads/2017/10/EMD-UK-Privacy-Policy-2017.pdf
21.1 Notification of queries or complaints must be made to EMD UK in writing within 7 days of receipt of the Service and/or invoice whichever is the later. For full information on our complaints procedure: https://emduk.org/wp-content/uploads/2020/04/EMD-UK-Complaints-Procedure-April-2020.pdf
21.2 Any indulgence, relaxation or non-enforcement by EMD UK of EMD UK’s rights under these terms and conditions shall not act as a waiver of and shall be without prejudice to those rights.
21.3 If any Court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
21.4 A person who is not a party to the agreement made between you and EMD UK has no rights under the Contracts (Rights of Third Parties) Act 1999 in respect of such agreement and/or these terms and conditions.
21.5 These terms and conditions shall be governed by construed and enforced in all respects in accordance with English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
21.6 For clarification on any of the terms and conditions, please email firstname.lastname@example.org
Other CPD Courses Full Terms and Conditions
If you are booking onto the Level 2 & Level 3 Anatomy and Physiology for courses, please refer to the payment terms and conditions above. Please note, an EMD UK bursary cannot be used in conjunction with these courses.
If you are attending a KFA CPD course, please visit this link to see full bursary and payment terms and conditions. https://emduk.org/kfa-laban-dance-fitness-bursary-payment-terms-conditions/ .
If you are attending a Medau CPD course, please visit this link to see full bursary and payment terms and conditions. https://emduk.org/medau-elements-bursary-payment-terms-conditions/ .
ADDENDUM TO THE GENERAL TERMS OF BUSINESS
This addendum sets out our fees in respect of the products and Services outlined in our general Terms of Business.
TRANSFER FEES: Course transfers will be chargeable at the following rates:
- More than 4-weeks prior to the Commencement Date: £0.00*
- Less than 4-weeks, but more than 2-weeks prior to the Commencement Date: £75.00
- Less than 2-weeks prior to the Commencement Date: £100
- Within 3-months following the Commencement Date: £250.00
*Subject to Clause 10.3, only 1 free transfer shall be permitted for the Initial Course. Additionally, any transfer made after the Commencement Date shall be chargeable in accordance with the notice period given. Theory and practical exam bookings are non-refundable and non-transferable.
EXTENSION FEES: Course extensions will be chargeable at the following rates:
- Per additional 3 months of study beyond the initial 6 months of learning £50
RE-ASSESSMENT FEES: Re-assessments chargeable at the following rates:
- Theory assessments (test-centre): £35.00
- Theory assessments (online): £55.00
- Practical assessments: £75.00
Learners booking online exams must ensure that their computer equipment and internet connection meet the minimum standards advertised on our exam booking page. We accept no liability for online exams which cannot be fulfilled because of computer or internet-related difficulties encountered.
Replacement learner manuals
- Active IQ training manuals: £60.00
CERTIFICATES: Certificates will be charged at the following rates:
- Replacement certificates: £60.00
- Unit certificates: £20.00 (each unit)
*Prices are subject to change and are listed here as at 1st Nov 2020
Course Manual Costs:
|Level 2 Certificate in Group Training||£33|
|Level 3 Diploma in Instructing Pilates Mat work||£40|
|Level 3 Award in Assessing Vocationally Related Achievement||£15|
|Level 3 Award in Education and Training||£15|
|Level 2 Award in Mental Health Awareness||£14|
|Level 3 Certificate in Supporting Pre and Postnatal Clients with Exercise and Nutrition||£20|
|Level 2 Award in Understanding Nutrition, Performance and Healthy Eating||£12|