Overview
The Terms and Conditions of this agreement are between Surfing England Ltd, a company limited by guarantee with company registered number 07483752 and whose registered office is at Surfing England, The Yard, Caen Street, Braunton, EX33 1AA Devon, England (‘Surfing England’, ‘us’, ‘we’, ‘our’) and its members (‘Member(s)’, ‘you’, ‘your’).
Membership is open to individuals (including without limitation professional surfers, surf coaches), surf schools, surf clubs and other organisations.
If you become a Member of Surfing England, you are agreeing to the terms and conditions set out below (“Terms and Conditions”). Please read them carefully.
In addition to the Terms and Conditions, you are also agreeing to abide by: 1) our By-laws; 2) our Articles of Association; 3) for surf schools only, the Surf Schools Scheme Regulations; and 4) any other policies, guidelines, terms and agreements posted on, or otherwise made available to you through, the Surfing England website or our Member communications (collectively, the “Terms”).
1), 2) and 3) are available on our website (https://www.surfingengland.org/english-surf-resources/) and may be amended from time to time.
Membership Benefits
Members should refer to the Articles of Association for details on the operation of Surfing England and the voting rights and benefits to which they may be entitled. A typical membership package will include the following benefits:
- Public Liability and Personal Accident Benefits insurance when surfing anywhere in the world (individual trips to the USA/Canada cannot exceed 90 days)
- Access to discounts and offers from our partners
- Regular news and communications, including information on events including surf competitions, Team England, our partners, and day to day operations relevant to Members
- Eligibility to enter Surfing England surfing competitions
- Eligibility to be considered for access to funding streams that may become available (if any)
- Customer Service Support from Surfing England Office Team, you can get in touch with us anytime via telephone or email
- Access to training that may become available (if any)
- Access to coaching that may become available (if any)
We reserve the right to change the benefits at any time and without prior notice.
Any product or service included in the benefits package that provided by a third-party provider may also change without notice, at the providers discretion. Such products or services will be subject to the provider’s own terms and conditions.
Term of the Agreement
Your membership runs on an annual basis starting on the date you join.
On becoming a Member of Surfing England, you are entering into a legally binding contract to accept the Terms. At each date of renewal, your payment is confirmation of your acceptance for this contract to continue.
Membership will be processed online and on confirmation and receipt of payment, you will receive a welcome letter via email.
Right to refuse applications to join
We reserve the right to refuse your application to join or to renew your membership of Surfing England, for the following reasons:
- If your payment instrument is declined or we do not receive payment from you of your Fees for any reason (including direct debit failure), we may refuse your application and / or terminate your membership immediately; or
- If you fail to meet the membership criteria or for any other reason set out in the By-Laws or the Articles of Association of Surfing England.
Payment of Fees
A Member must pay one of the following fees (“Fees”):
- A Membership Fee, if you are an individual (“Membership Fee”) or organisation that is not a surf school or surf club; or
- An Accreditation Fee if you are a surf school (“Accreditation Fee” ); or
- An Affiliation Fee, if you are a surf club (“Affiliation Fee”).
Your relevant Fees are payable on the date you join and thereafter payable on an annual basis, in order for your membership with us to continue.
Surfing England will charge your authorized payment instrument the applicable Fee on the date you join. If your default payment method is declined for any reason, we may terminate your membership immediately.
We offer the following payment plan for your membership with us:
An Annual Direct Debit Payment Plan, which auto renews. Surfing England will automatically charge your authorized payment instrument the applicable Fee on the anniversary of the date you joined. Payment is automatic through your bank or building society, beginning on the payment date shown on your renewal notice
You will receive a renewal notice in advance of the anniversary of your join date. Each plan is non-transferable.
Up to date information on our Fees is set out on the Surfing England website. Fees are subject to change at any time. We will contact you prior to your renewal to inform you of the annual Fee chargeable for renewing your membership with us.
Your Payment Instrument
Credit/Debit Card Payments – If you are not using your own credit/debit card you must seek permission of the cardholder before processing payment.
Auto Renewal Payments – This is the only way to pay for your Surfing England membership and means your membership will auto renew on an annual basis. You will be issued renewal notices and information before the annual fee is charged to your account. Payment will be charged from the credit/debit card you registered when first becoming a Surfing England Member.
In applying to join Surfing England, you are confirming you have obtained prior permission to use any card or other payment instrument used and this will be an authorised payment instrument.
Cooling off Period for individuals
On first joining, new individual Members only (including Surf Coaches) have a fourteen (14) day ‘cooling off period’, effective from the day after your join date. This means that, during this period, you can cancel your membership and receive a refund, but we may charge a reasonable administration charge and keep a sum proportionate to what’s necessary to cover the cost of services provided up until the date of cancellation. You must contact us in writing, by email or post, to inform us of this, on or before fourteen (14) days. Our contact information is set out at the bottom of these Terms and Conditions.
After you have been an individual Member for fourteen (14) days, you may cancel at any time by contacting us or cancelling your direct debit, in accordance with the terms set out in paragraph 13.
Businesses do not get cooling off periods. Please refer to paragraph 13 if you are a surf school or a surf club or other business and you wish to cancel your membership.
Intellectual Property Rights
Surfing England name / logos / trademarks
Any specific mark, name, logo or other work owned or controlled by Surfing England (including without limitation the Surfing England logo or any event logo or trademark) (“SE Marks”) and all Intellectual Property Rights therein shall be vested at all times in and shall be the exclusive property of Surfing England. Members shall not use SE Marks unless prior authorisation has been obtained in writing from us.
Members licensed to use any of the SE Marks shall only make use of the licensed SE Marks for the purposes for which they are authorised to do so and, in particular, shall not use the SE Marks in any way which might be considered obscene or defamatory or otherwise be materially detrimental to or inconsistent with the good name, goodwill, reputation and image of Surfing England.
Members must at Surfing England’s election immediately return to Surfing England or destroy (and certify the destruction of the same) all materials, artwork, computer disks and other materials depicting the SE Marks in the Member’s possession or control, at the expiry or termination of the membership or of the license to use SE Marks.
Image Rights and Consent
As a Member of Surfing England if you attend and / or participate in any event organised by Surfing England, you hereby grant to Surfing England and its partners permission to use your image and / or your child’s image (if you are the relevant parent or legal guardian) in photography or videography produced by us including in the following::
- Surfing England displays
- within any printed publications
- on the Surfing England website
- on Surfing England’s social media pages
- In Videos and other promotional materials
If you are under 16, then you hereby confirm and warrant that you have obtained consent from your parent(s) or legal guardian(s), for your image to be used by us, in the way set out above.
Conduct
Standards of conduct for Members are set out in detail in the By-Laws.
Members must conduct themselves in a manner that will reflect favourably on the SE Marks and on the good name and reputation of Surfing England and its events and Members will not bring Surfing England, its staff and directors, or its Members into disrepute.
Data Protection
Please review our Web and Cookies Policy to understand our practices and your choices in relation to how we handle your personal data. This policy is available here:
Disclosure and Barring Service (DBS) Checks
Surf Coaches are responsible for submitting and completing their own DBS checks.
We recommend that a DBS check is updated regularly, within 2 years of the previous certificate being obtained. If you are an employee surf coach, it is your employer’s responsibility to ensure you have the appropriate documents to work and meet safeguarding requirements.
For more information on DBS Checks, see here: https://www.gov.uk/government/organisations/disclosure-and-barring-service
Grievance and Disciplinary
A Member shall be required to appear before the Disciplinary Committee if:
- a complaint is brought against that Member, that they have breached the By-laws (including without limitation the Fair Play Code); or
- any conduct by a Member is deemed by us to be prejudicial to Surfing England, its staff or directors, and / or our Members.
Any Member having a grievance concerning Surfing England, provided that it is directly related to the working of Surfing England, shall first be directed to the Chair in writing. The Chair will determine whether to investigate the same and first seek to resolve any such grievances amicably. If such a grievance cannot be resolved amicably, then the grievance will be brought before the Disciplinary Committee.
Termination of Your Membership
Termination by you
You may terminate your membership at any time.
The Annual Direct Debit Payment Plan for your membership will automatically continue until you cancel your membership or notify your bank/building society that you wish to cancel your direct debit. Please log in to your account to cancel your Membership. If you have any problems, please inform us by writing in email or letter a minimum of five days before your renewal date, if you wish us to cancel the membership for you.
Once renewal of your membership has occurred, it will still be possible to cancel your membership.
Please refer to the Cancellation and Refund Policy, further down.
Termination by us
We reserve the right to terminate your membership of Surfing England, for the following reasons:
- If your payment instrument is declined or we do not receive payment from you of your Fees for any reason (including direct debit failure), we may refuse your application and / or terminate your membership immediately and without the right to a hearing or an appeal;
- If you are accepted as a Member and we subsequently find out any information you have supplied is false, inaccurate or misleading, we reserve the right to terminate your membership with immediate effect and without the right to a hearing or an appeal. This will not be eligible for a refund;
- For any good and sufficient reason, provided that you will have a right to be heard before a final decision is made; or
- For any breach of the Code of Conduct, Fair Play Code, Anti-Doping Policy or any policy named in the By-Laws, in accordance with the terms therein.
Administration / Cancellation Charges and Refunds
If you terminate your membership part way through your membership year, any refund will be at the discretion of Surfing England.
No refunds will be given if Surfing England believe that an individual has benefitted in any way, for example, entering a competition or competing in an event that requires you to be a Member, accessing membership materials, obtaining Member discounts, benefitting from the named insurance policy, displaying SE Marks.
A reasonable administration fee may be charged, to process any terminations.
We will usually refund any money received from you using the same method originally used by you to pay for your Membership.
Force Majeure
Neither party shall be liable to the other for any delay or non-performance of its obligations by reason of matters beyond its control including, but not limited to, any act of terrorism, war, riot, civil commotion, pandemic, compliance with any law or government order, fire, flood, or storm, strikes or any other any other industrial dispute, delay in transit, power failure, postal delay or any event that cannot be reasonably planned for or avoided. In which case, we will deliver as soon as reasonably possible after such events have concluded.
Limit of Liability
Our liability for losses you suffer as a result of us breaking this contract is strictly limited to the Membership fee in the year of the alleged breach.
To the extent permitted by law, we hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any Member, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury caused by our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Third Party Liability
Surfing England shall not be liable to you for any membership benefits, goods, or services, provided by a third party.
To the maximum extent permissible by law, we hereby exclude liability for loss or damage suffered by you as a direct or indirect result of your involvement in whatever manner with a third-party provider.
Where you receive any membership benefits, goods, or services from a third party through your Membership, the third party’s individual liability will be set out in that third party’s terms and conditions.
These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
Third Party Rights
A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Variation
We may change these Terms and Conditions at any time, upon giving you 14 days’ prior written notice. You may elect to terminate the contract with immediate effect if you do not accept the proposed variation. No refund shall be payable by us to you if you elect to terminate the contract in accordance with this clause.
Governing Law
These Terms and Conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
If any court or competent authority decides that any of the provisions in these Terms and Conditions are invalid, unlawful or unenforceable to any extent, then that Term will, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permissible by law.
CONTACT INFORMATION
Should you have any query, comment or complaint about your membership please contact the Surfing England Membership Coordinator:
By Email: membership@surfingengland.org
By Telephone: +44 (0) 7429 208 283 (Monday – Friday, 9-5pm, excluding public holidays)
By Post: FAO Membership Coordinator, Surfing England, The Yard, Caen Street, Braunton, EX33 1AA Devon, England
