The Adventure Service
Terms and Conditions of Service
The Adventure Service Ltd provides personal development services for individuals with learning disabilities.
These Terms and Conditions outline the basis upon which services are provided. By commissioning or using the services of The Adventure Service Ltd, the Client agrees to be bound by these Terms and Conditions.
“The Client” is the person who commissions the services of The Adventure Service Ltd and who is contractually liable for payment of its fees.
“Adventurer ” is the person to whom The Adventure Service Ltd provides its care and may be the Client or may be the person for whom the Client commissions the services of The Adventure Service Ltd.
The Service
The Adventure Service Ltd will provide the services as set out in the Service User Support Plan, as The Adventure Service Ltd and the Client may agree to amend from time to time by prior agreement. The provision of services is subject to the following Terms and Conditions of Service:
Fees
Fees for Day Services must be paid on a monthly basis, in arrears. We calculate the total payable by you each month by the amount of days attendance that you have booked at the start of the agreement.
Extra Day Service sessions are charged at the full daily rate and will be charged on the next invoice. To cancel an extra session, we require 4 weeks’ notice, in writing.
All costs associated with Adult Short Breaks will be payable upfront prior to the Short Break taking place.
All invoices are payable within 21 days of receipt of the invoice and must be paid directly to The Adventure Service Ltd by either direct debit or bank transfer.
Non-attendance will still be charged at the normal daily rate as staffing and resources are allocated based on the booked sessions.
The Adventure Service Ltd reserves the right to review its fees periodically. The Adventure Service Ltd will notify Service Users of any uplifts in writing at least 4 weeks before they come into effect. All charges must be paid to The Adventure Service Ltd.
Funding
It is imperative that funding is in place BEFORE an Adventurer attends one of our services. Confirmation must be sought from the allocated Social Worker to ascertain that funding is in place. This includes confirmation of who is responsible for payment and where invoices should be directed:
Managed Budget (straight from the council)
Funds managed by an Appointee/solicitor - who are they and what are their contact details.
Direct Payment – parent/carer managing this through a personal account
Direct Payment - parent/carer manages this using a prepayment card
Direct Payment – through an intermediary such as People Plus/Solo/Penderels, PPL– please specify which one, along with their contact details.
Late pick up fees
Late pick up fees will be applied for Day Service and Short Break Adventurers repeatedly collected after 4pm. In the first instance a polite email will be sent. Future occurrences will incur charges. If an Adventurer’s transport arrives late, then a charge of £5 for every 15 minutes or part thereof will be invoiced.
Period of Engagement and Termination of Service
The Adventure Service Ltd reserves the right to suspend or terminate services with immediate effect where it believes that continuing to provide support would place the Adventurer, staff, or others at risk:
a. The Adventurer refuses to accept the services to be provided as detailed in the Adventurer Support Plan.
b. Following a risk assessment being undertaken, The Adventure Service Ltd determines that it is not possible to provide care and support safely to the Adventurer.
c. The Adventure Service Ltd determines that it is not able to provide the level of services required by the Adventurer and this concern is brought to the attention of the Client and Adventurer.
d. If an invoice remains unpaid for a period of 2 months or more.
e. An employee of The Adventure Service Ltd experiences discrimination of any form by the Client or Adventurer.
Cancellation
To substantially revise service provision, a full 28 days’ notice is required by The Adventure Service Ltd.
If a Client/Adventurer decides to terminate their day service without notice, a notice period will be charged. This is depending on which council has provided the funding:
Nottinghamshire County Council - 4 weeks
Sheffield City - 4 weeks
Derbyshire County Council - 2 weeks
Nottingham City - 2 weeks
Any Short Break cancellations must be received at least 3 weeks prior to the short break, or the full amount will still be charged.
Equal Opportunities
The Adventure Service Ltd is dedicated to ensuring equal opportunities for all employees and Adventurers, irrespective of their race, age, gender, marital status, physical or learning disability, sexual orientation, gender-identity, religious beliefs or political opinions. The Adventure Service Ltd will not tolerate discrimination by staff, parents/carers, visitors, Clients or Adventurers.
Force Majeure
The Adventure Service Ltd will use its reasonable endeavours to provide the services specified in the Adventurers Support Plan, however, should The Adventure Service Ltd.’s ability to do so be interrupted or interfered with by an event of force majeure, then The Adventure Service Ltd.'s obligation to do so will be suspended while the interference or interruption continues. The Adventure Service Ltd will not be responsible for any loss or damage suffered by a Client or Adventurer as a result of a force majeure event, without limitation, generally considered to be events beyond the control of The Adventure Service Ltd, such as strikes, lock outs or other industrial disputes, acts of God, war, riot, civil commotion, pandemics, fire, flood or storms.
The Adventure Service Ltd.’s Responsibilities in Respect of the Services
a. The Adventure Service Ltd shall use reasonable skill and care in ensuring that all staff have the relevant qualifications, training, experience and ability appropriate to the activities and level of support required for each assignment.
b. The Adventure Service Ltd is committed to maintaining robust health and safety systems. This includes appropriate risk assessments, dynamic risk management during activities, and the implementation of safe systems of work. Due to the nature of outdoor and adventure-based activities, the Client acknowledges that participation involves a level of managed and positive risk, which is necessary to support personal development and learning outcomes.
c. The Adventure Service Ltd operates in accordance with all relevant safeguarding legislation, including the Care Act 2014, and follows established safeguarding policies and procedures to protect vulnerable adults and young people. All staff receive safeguarding training appropriate to their role. Any safeguarding concerns will be acted upon immediately and reported to the relevant authorities in line with statutory guidance.
d. Except in relation to death or personal injury caused by negligence, or for fraudulent misrepresentation, The Adventure Service Ltd shall not be liable, to the fullest extent permitted by law, for any indirect or consequential loss (including but not limited to loss of goodwill, profit, contracts, business opportunity or revenue) arising out of or in connection with the provision of services.
Client/Adventurer Responsibilities
The Client/Adventurer agrees:
a. Not to do any act or omission which would place The Adventure Service Ltd in breach of any applicable law or regulation.
b. To provide accurate, complete and up-to-date information relating to the Adventurer’s needs, including health, behavioural, communication and support requirements, to enable The Adventure Service Ltd to safely and effectively deliver services.
c. To notify The Adventure Service Ltd of any risks to the health and safety of the Adventurer, staff members, or others, as soon as they become aware of them, and acknowledge that this information may be shared with staff to ensure safe delivery of services.
d. To cooperate with all reasonable health and safety procedures, instructions, and risk management strategies implemented by The Adventure Service Ltd, including those relating to outdoor and adventure activities.
e. If in breach of any obligations under this clause, to indemnify The Adventure Service Ltd against all claims, fines, damages, awards, costs, expenses and other liabilities arising from such breach, including any claim by a third party resulting from the Client’s act or omission.
Legal Framework
These Terms and Conditions of Service shall be interpreted in accordance with all relevant UK legislation, including but not limited to the Equality Act 2010, Working Time Regulations 1998, Health and Safety at Work etc. Act 1974, and any other applicable laws and regulations.
Contractual Agreement
These Terms and Conditions of Service, together with the Adventurer Support Plan, form the entire agreement between The Adventure Service Ltd and the Client for the provision of services and shall take precedence over any other terms or agreements.
This agreement shall be governed by and interpreted in accordance with the laws of England and Wales.