This is a summary of our key Partner Terms and Conditions. It should not be a substitute for reading the full version below.
A. Communication with Obby
i. You will provide us with accurate, full and truthful information about your company and your classes / courses / workshops.
ii.You will provide up to date price and availability information for your classes, for when they are full or if you change the price, via your Partner Dashboard.
B. Booking confirmation
i. When receiving a booking from Obby, you should respond to the booking notification email (by clicking “accept” if there is availability, or “reject” if not) within 24 hours.
C. Cancellation policy
i. Obby has a cancellation / rescheduling policy for both our partners and customers of 7 days. However, if you have a cancellation policy with better terms, Obby will adopt such policy for your classes.
ii.If you need to cancel or change the date of a class for any reason you must notify Obby in no less than 7 days before the date of planned class date. You can do this either by sending us an email, calling us or using your Partner Dashboard
iii.Customers have the right to cancel or reschedule a booked class up to 7 days before the date of the class date for any reason. Obby will contact you to notify you of any cancellations / rescheduling requests as soon as we are made aware of them by our customer.
iv.Customer and class cancellations within 7 days are not allowed except in “exceptional circumstances”.
v.If a Partner cancels a class, unless in exceptional circumstances, within 7 days of the date of the commencement of the class then the customer will be notified immediately and offered the option to either reschedule their booking or ask for a full refund.
vi.If the customer chooses to reschedule to a new date, the Partner must accept this booking providing the new date has availability. If the customer chooses to have a full refund, Obby will process the refund immediately and the Partner will be charged a £10 cancellation fee which will be remitted in the next payment cycle.
Full Terms & Conditions
“Agreement” means this agreement which sets out the terms and conditions upon which Obby shall provide the Obby Services to the Partner and which comes into effect on the Effective Date;
“Commission” means the commission, as set out in the Pricing Table, payable by the Partner to Obby (based on a percentage of the total value of an Order);
“Charges” means the Commission;
“Customer” means any person who purchases or receives the Partner Services;
“Dated Booking” means an Order where at the time of making the Order the Customer books a time and/or date at which to receive those Partner Services;
“Distribution Channels” means any third party website or other media through which the Obby Services are from time to time provided;
“DPA” means the Data Protection Act 1998 (as from time to time amended);
“Effective Date” means the Partner beginning to receive the Obby Services – the date upon which the Partner ticks the box and confirms their acceptance of the terms and conditions of this Agreement or, if the Partner enters this Agreement pursuant to a meeting or other direct communication with Obby – the date on which the Partner is sent a confirmatory copy of the terms and conditions of this Agreement from Obby (which will usually be by email on the same day);
“Exceptional circumstances” means a set of circumstances which Obby deem to qualify for special treatment with regards to payment and cancellation terms. It is at Obby’s discretion as to what these are defined as and unless otherwise agreed these include:
-Unexpected death or serious illness of a host, guest or immediate family member (spouse/partner, child, parent, legal guardian, grandparent, or sibling);
-Serious injury that directly restricts a Customer’s ability to travel or a Partner’s ability to run a class;
-Significant natural disasters or severe weather incidents impacting the location of destination or location of departure;
-Urgent travel restrictions or severe security advisories issued after the time of booking, by an appropriate national or international authority (such as a government office or department);
-Endemic disease declared by a credible national or international authority (such as the US Centres for Disease Control or the World Health Organization);
-Severe property damage or unforeseen maintenance issues that directly impact the ability to host safely;
“Intellectual Property Rights” means all intellectual property rights on a
“Page(s)” means the internet page or pages and contents of the Partner’s designated section of the Website or Distribution Channels (including the Partner’s Obby “homepage” and each page for the Partner Services offered on the Website);
“Partner” means the person, business or entity that is signing up to use Obby’s services and in so doing accepting the terms and conditions layed out in this document;
“Partner Dashboard” means the dashboard the Partner uses to add and update information about its classes/courses/workshops.
“Partner Services” means the class/course or other goods and services which the Partner is in the business of providing and supplying to Customers and which are marketed to the public by the Partner through use of the Obby Services;
“Partner Content” means any information, documentation, equipment, software or other material (which may include the Partner name, logo and any other brand features and Intellectual Property Rights) which may be published on the Page(s) pursuant to this Agreement;
“Pricing Table” means the table on the signup page which lists out each of the Obby Services and their respective Commission;
“Obby” means Obbyco Limited (t/a Obby), a company registered in England under company number 10018497 and whose registered office is at 110 Cliftton Street, Stapleton House, 2nd Floor, London, EC2A 4HT;
“Obby Services” means the benefits and services a Partner may receive from Obby, as set out in the Pricing Table, in return for paying the Charges;
“Website” means the website at www.obby.co.uk and any other domain owned by the business.
2.1.In consideration of payment by the Partner of the Charges and the Partner performing all its other obligations herein and subject to the terms and conditions of this Agreement, Obby shall provide the applicable Obby Services to the Partner.
2.2.In respect of all Orders, whether or not Obby processes payments on behalf of the Partner, Obby shall act as agent at law for the Partner and nothing herein shall prevent or limit the Partner from remaining fully responsible and liable for their provision and supply of Partner Services to Customers.
2.3.Obby may in its sole discretion, change the rate of Commission at anytime on 30 days’ notice to the Partner, either by specific notice or by updating the Pricing Table (“Pricing Change Notice”). If the Partner, as a result of a Pricing Change Notice wishes to change the Obby Services it receives, it must provide notice to Obby. In all other circumstances, changes to the Obby Services received by the Partner may only be made in accordance with Clause 2.2.
3.1.In consideration of receiving the Obby Services, the Partner agrees to pay all applicable Charges and to accept all Orders and process and supply the Partner Services to the highest industry standards and in line with any specific terms and conditions set out in this Agreement generally, and particularly this Clause 3.
3.2.The Partner must accept all Orders and may only decline to accept the same if they have no availability on the date requested – otherwise the Partner shall be considered to be in material breach of this Agreement.
3.3.The Partner will be responsible, other than in exceptional circumstances, for confirming receipt of each Order using the confirmation link in the Obby order confirmation email as soon as possible.
3.4.If a Partner has not responded to an Obby order confirmation email within 24 hours, Obby will have the right to take such action in respect of the Order as it deems reasonable in its sole discretion (including cancelling the Order).
3.5.The Partner will provide Obby with accurate, full and truthful information about the Partner’s company and the Partner’s classes / courses / workshops.
3.6.The Partner will receive notification via email once the Partner’s profile and first class has been made live on Obby.
3.7.The Partner will provide up to date information to Obby using the Partner Dashboard with regards to it’s classes, including but not limited to:
3.7.1.New dates and classes that the Partner adds to it’s class timetable;
3.7.2.Changes in price for classes listed with Obby;
3.7.3.Lack of capacity on “fully booked” classes.
3.8.Any failure to do so will be considered a material breach of this Agreement.
3.9.The Partner will provide 1 fully discounted booking the an Obby Verified Reviewer on accepting these terms. Obby can choose to use the fully discounted booking at any time as according to its Verified Reviewer policy.
3.10.If Obby receives a booking at a price originally provided by the Partner and the Partner has failed to update Obby on any changes then Obby are not liable to cover the difference in cost.
3.11.Obby has a cancellation / rescheduling policy for both Partners and Customers of 7 days. However, if the Partner has a cancellation policy with better terms, Obby will adopt such policy for the Partner’s classes.
3.12.If the Partner needs to cancel or change the date of a class for any reason the Partner must notify Obby in no less than 7 days before the date of planned class date.
3.13.Customers have the right to cancel or reschedule a Dated Booking up to 7 days before the date of the class for any reason. Obby will contact the Partner to notify the Partner of any cancellations / rescheduling requests as soon as we are made aware of them by the Customer.
3.14.If the Customer requests to reschedule and the Partner has availability in future classes the Partner must accept the rescheduled booking.
3.15.Customer and class cancellations within 7 days are not allowed except in exceptional circumstances.
3.16.If a Partner cancels a class, unless in exceptional circumstances, within 7 days of the date of the commencement of the class then the customer will be notified immediately and offered the option to either reschedule their booking or ask for a full refund.
3.17.If the customer chooses to reschedule to a new date, the Partner must accept this booking providing the new date has availability.
3.18.If the customer chooses to have a full refund, Obby will process the refund immediately and the Partner will be charged a £10 cancellation fee which will be remitted in the next payment cycle.
3.19.The Partner is responsible for ensuring that all Partner Content (especially details of and prices for the Partner Services) that provides to Obby to publish on the Page(s) is accurate, correct and not misleading.
3.20.The Partner must supply the Partner Services at a price which is the best available rate offered directly in the Partner’s venue or through other public or widely available channels of the Partner and notify Obby when applying any discounted prices to upcoming Partner services. If a Customer provides proof of a better price available elsewhere for Partner Services booked through use of the Obby Services, Obby reserves the right to refund the Customer the difference and adjust the amount of any payments due to the Partner in connection with those Partner Services accordingly.
3.21.The Partner, in particular, is responsible for setting out any terms and conditions that will apply to Customer Orders (including their cancellation and refund policy – which must be in line with clause 3.15 above).
3.22.The Partner is responsible for ensuring that it has all necessary and legally required insurance needed to operate under UK law. This includes, but is not limited to; Public Liability Insurance, Employers Liability Insurance, Food Hygiene Certificates and Disclosure and Barring Service Checks.
4.Customer Service and Complaints
4.1.The Partner shall use best endeavours to provide top quality Partner Services to all Customers and shall promptly deal with any sales enquiries, matters or issues relating to Orders or potential Orders including dealing with Customer complaints.
4.2.The Partner shall be directly responsible to the Customer for any failure to fulfil the Customer’s expectations or for any other legal liability which arises in respect of the Partner Services, save where such liability arises as a result of Obby’s negligence.
4.3.The Partner hereby acknowledges and accepts that the Website includes a reviewing platform, upon which Customers may post publicly viewable reviews about their experiences with Obby and with the Partner (particularly in relation to the Partner Services) (“User Generated Content”). The Partner should note that this platform may not be opted out from
and may from time to time contain negative reviews and/or feedback from consumers, which is outside Obby’s control. For the avoidance of doubt, the Partner shall have no right to any remedy (including without limitation, any right to terminate this Agreement) as a result of any User Generated Content naming or referring to the Partner. However, if the Partner, acting reasonably, feels that any User Generated Content is defamatory of the Partner or any person or in some other way is a violation of any person’s legal rights, the Partner may flag and report that User Generated Content to Obby. In such case, Obby shall review the same and in its sole discretion take any action it deems necessary or desirable (including, for example, removing or amending the relevant piece of User Generated Content).
5.1.Obby shall be the “data controller” (as defined by the DPA) of Customer information collected through Connect pursuant to this Agreement and the Partner may only use that Customer information for the purposes of fulfilling Orders.
5.2.The Partner shall comply with any notification requirements under the DPA.
5.3.The Partner may not use Customer information collected through Obby for any purpose other than fulfilment of the Order. For the avoidance of doubt: even though the Partner will have access to the contact details of Customers, this does not give the Partner the right to copy, use or exploit the Customer information for any other purpose and, particularly does not give the Partner the right to send the Customer marketing or promotional communications. Breach of this Clause will be a material breach of contract.
5.4.This Clause shall survive the termination or expiry of this Agreement.
6.Partner Warranties and Indemnity
6.1.The Partner shall provide Obby with any Partner Content it reasonably requires to be provided with in order to supply the Obby Services.
6.2.The Partner warrants that all Partner Content it supplies to Obby in connection with this Agreement and/or publishes (or provides to Obby for publication) on the Website (and the Distribution Channels, if applicable) will be accurate in all material respects and shall not infringe any other person’s rights (including Intellectual Property Rights) or be defamatory, unlawful, offensive, threatening, or pornographic or otherwise falling below general standards of taste and decency.
6.3.The Partner hereby grants Obby the right:
a.to use and publish the Partner Content in connection with the provision of Obby Services;
b.to remove, edit,
c.to bid on "Pay Per Click" terms and adwords and make use of search engine optimisation services etc. that embody, incorporate or quote (in whole or part) the trading name of the Partner or any brands used in connection with the Partner Services.
6.4.The Partner warrants, represents and undertakes that it shall comply with all applicable laws and advertising regulation in the marketing, sale and provision of the Partner Services and shall obtain all licences, consents, authorities and insurance it is either necessary or reasonably prudent for the Partner to obtain in respect of all its business activities and personnel (but especially in connection with the provision of Partner Services).
6.5.The Partner hereby agrees to indemnify, keep indemnified and hold harmless Obby and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), and expenses associated therewith (including the payment of reasonable legal charges and disbursements) arising out of or in connection with any breach by the Partner of any term of this Agreement or arising out of any action brought by any third party relating to the Partner Services provided (or not provided), or actions (or failure to act), of the Partner or any person (other than Obby) acting on its behalf, including, without limitation any action brought in connection with any Partner Content or a Customer visit to the Partner's venue.
6.6.This Clause shall survive the termination or expiry of this Agreement.
7.1.In respect of Orders made on the Website – as the Customer prepays the full amount payable in relation to that Order – settlement by the Partner of the Commission due to Obby will be made by way of retention by Obby of the applicable amount prior to onward remittance to the Partner of the balance of the amount received from the Customer.
7.2.Unless otherwise agreed in writing, onward remittance of amounts due to the Partner will be made on the last working day of the calendar month in which the class has taken place.
8.Term of the Agreement
8.1.The term of this Agreement is one year commencing on the Effective Date and will continue to renew automatically for successive one year terms unless terminated in writing on not less than 30 days’ written notice by either party, such notice to expire only at the end a one year term.
8.2.Either party shall be entitled to terminate this Agreement with immediate effect by written notice for any reason.
9.1.Each party acknowledges that, whether by virtue of and in the course of this Agreement or otherwise, it may receive or otherwise become aware of information relating to the other party, their marketing plans, their clients, customers, businesses, business plans, finances, technology or affairs, which information is proprietary and confidential to the other party (“Confidential Information”).
9.2.Each party undertakes to maintain and procure the maintenance of the confidentiality of Confidential Information at all times and to keep and procure the keeping of all Confidential Information secure and protected against theft, damage, loss or unauthorised access, and not at any time, whether during the term of this Agreement or at any time thereafter, without the prior written consent of the owner of the Confidential Information, directly or indirectly, to use, disclose, exploit, copy or modify any Confidential Information, or authorise or permit any third party to do the same, other than for the sole purpose of the performance of its rights and obligations hereunder.
9.3.The terms of and obligations imposed by this Clause 10 shall not apply to any Confidential Information which:
a.at the time of receipt by the recipient is in the public domain;
b.subsequently comes into the public domain through no fault of the recipient, its officers, employees or agents;
c.is lawfully received by the recipient from a third party on an unrestricted basis;
d.is already known to the recipient before receipt hereunder.
9.4.The recipient may disclose Confidential Information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.
9.5.This Clause shall survive the termination or expiry of this Agreement.
10.1.Subject to Clause 10.2, Obby’s maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the Charges payable to Obby hereunder. Further, Obby shall not be liable for any loss of income or profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.2.Nothing in this Agreement shall exclude or in any way limit Obby’s liability for fraud or for death or personal injury caused by its negligence or for its wilful default or any other liability to the extent the same may not be excluded or limited as a matter of law.
10.3.This Clause shall survive the termination or expiry of this Agreement.
11.1.All rights to the Website and the content on it (save for Partner Content) (and all other Intellectual Property Rights belong to or licensed to Obby) remain vested in Obby at all times. Nothing in this Agreement shall give the Partner any rights in respect of any such Intellectual Property Rights or of the goodwill associated therewith.
11.2.In the event of a change of control or senior management of the Partner, the Partner must bring the existence and terms of this Agreement to the new owner or manager’s attention and inform Obby of the relevant new personnel’s contact details.
11.3.Any notice, invoice or other communication which either party is required to serve on the other party shall be sufficiently served if sent to the other party at the address specified in this Agreement (or such other address as is notified to the other party in writing or by email).
11.4.Any valid alteration to or variation of this Agreement must be in writing and agreed on behalf of each of the parties.
11.5.The relationship of the parties is that of independent contractors dealing at arm’s length. Except as otherwise stated in this Agreement, nothing in this Agreement shall constitute the parties as partners, joint venturers or
11.6.Neither party may assign, transfer, charge,
11.7.A person who is not a party to this Agreement has no right to enforce any term of this Agreement.
11.8.The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.
11.9.If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.
11.10.This Agreement contains all the terms agreed between the parties regarding its
subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
11.11.This Agreement shall be governed and interpreted in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with this Agreement.