Booking Terms & Conditions
Jymka Course Booking Terms & Conditions
The following terms & conditions apply to the booking of all Jymka training courses
We are a registered fitness training provider business in Europe with our Head Office address in Dublin, Ireland offering global online home study courses. By booking onto a Jymka online course you are agreeing to these terms and conditions as stated here.
Eligibility Requirements including Equality & Diversity Policy
Participants must be at least 18 years of age to be eligible to book on to our Jymka Instructor Training Courses. Jymka approves the principles of equal opportunity. Eligibility criteria for all our training courses are applied equally to all participants regardless of age, race, national origin, sexual preferences or orientation. The eligibility criteria include individuals who have a keen interest in fitness in any part of the world who want to train and certify with us to teach kids fitness classes. A background or qualification in fitness, sports or teaching is advantageous but not essential.
Health & Safety Procedures
Course participants should not be suffering from any illness or injury that may prevent them from participating in all aspects of training and in completing the con-call evaluation and recording their Assessment video. It is the responsibility of each participant to be fit and well to be able to do the course. All our certified instructors further acknowledge that we have encouraged them to seek the advice of a physician or other qualified healthcare professional if they experience any medical condition that may affect their ability to do our online Jymka fitness instructor course. Jymka approves course participants with pre-existing injuries or illness, on the condition of a signed Par-Q form and the person participating has a clear knowledge of their ability to perform the practical components on the course. All participants book on to a Jymka training course at their own risk and worsening of any injury or illness or new injury that may occur will not be the responsibility of Jymka.
Course Fees, Registration and Booking Process
The Course Fees listed on the website are subject to change from time to time. You can register onto our Jymka emailing list to get any offers going and to book a course. All courses must be be paid in full or pay in 2 monthly instalment payments. After booking onto a course, you will receive a confirmation email from us acknowledging that we have received your application and payment with all the information required for you to start your course immediately. By making a booking you agree to be bound by these terms and conditions.
Cancellation & Refund Policies
Full refunds can be provided once: The participant has not completed past the Jymka fitness instructor training Course Module 5 & cancellation/refund request is received by us by email to: training@Jymka.com within 1 day (24hrs) of the course booking/payment.
Course Duration and Total Completion Time Given
The Jymka Training course takes approx. 40 / 45 hours, usually done over 4-12 weeks. Each participant is given full access to complete the course within 6 months from the date of registration which can be extended for a further 2 months subject to a course extension fee of 100 euro. Completion of the course beyond the final extension period requires re-enrolment.
Participant learner Support
Our Trainer-Assessors will be available to assist and support participants as they are doing the course with any queries they may have via email only: training@Jymka.com.
Course Evaluation / Assessment and Certification
On successful completion and evaluation of our instructor training course the participant is awarded with our Jymka Kids Fitness Instructor Certification. The assessment and evaluation of the student to attain the Jymka Cert consists of:
- An End of Course Multiple-Choice-Qs
- A video assessment recorded by the participant teaching one or more some fitness skills as required.
Successful completion of these two assessment types must be achieved to certify. Be advised our training team are there to help you to achieve this.
Instructor listing testimonials information on the Jymka website. From time to time Jymka may list a selection of Jymka Certified instructor testimonials with their photo on our website. Jymka certified instructors agree to be listed on our instructor page on our website. Instructors agree to provide Jymka with a recent passport type photo except with a smiling expression, in addition to providing us with their confirmed work location country. Jymka will not be held liable for any error or omissions relating to these listings, however we endeavour to update our site with the correct information once notified within a reasonable time.
Internal Regulatory Quality Assurance System
We have an internal regulatory Quality Assurance System for our online training courses to ensure that the learning outcome goals are measurable and clear. Our Internal Quality Assurer oversees our team of Trainer-Assessors and work as a team to protect our high standard of training.
Internal Learner Appeals Procedure
Our team of Trainer Assessors endeavour to help and assist each participant to pass and become a Jymka certified instructor. If a participant fails to pass and attain their certificate on their first attempt they are invited as part of this Internal Learner Appeals procedure to request within one week of not passing their Evaluation to redo either the con-call evaluation with one of our Trainer Assessors or the video assessment or both if required. The 2nd evaluation attempt to certify is assessed by one of our Trainer-Assessor and our Internal-Quality-Assurer. If the participant fails to pass on the second attempt then they can request one final time but must retake complete online course beforehand. In addition Jymka reserves the right as part of our Child First policy to ask for a police vetting cert from the participant and the right not to certify any individual for any reason at our own discretion.
IP (Intellectual Property)
All Jymka course participants and certified Instructors acknowledge and agree that Jymka word, registered marks, trademarks, logos, symbols, emblems, slogans, all website and course content wording, designs, know-how, training course systems to include videos, notes and templates and more, goodwill, photographs, and all other propriety rights owned by, or available to, Jymka and Anne-Marie Byrne (being the owner of such Intellectual Property) adopted or designated now or at any time in the future by or to Jymka for the use in connection with the business and system subsisting in respect of the products and applications for any of the foregoing.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Jymka or any of its affiliates, directors, or representatives be liable to a certified Jymka instructor or course participant or to any other person for any indirect, special, incidental or consequential losses or damages or accidents of any nature arising out of or in connection with this agreement and relationship whatsoever. It is the responsibility of all Jymka certified instructors to purchase their own independent public liability insurance and other insurances totally independent of Jymka. Jymka are not legally or otherwise required or liable to provide or source an insurance provider for the Jymka instructor certificate in any country.
Indemnification & disclaimer
The Jymka certified Instructor and any of their helpers, clients and customers shall indemnify, defend and hold harmless Jymka and any of its affiliates, directors and representatives from any and all losses, liabilities, damages and expenses (including reasonable legal fees and costs) that they may suffer as a result of any claims, demands, actions or other proceedings made or instituted by a third party against them that arises out of any breach or any provision of this agreement or from any other act of malfeasance or nonfeasance on the part the Jymka certified instructor. Jymka makes no representations or warranties, express or implied, to certified instructors with respect to the Jymka online training courses or any implied warranties arising out of our online training course of performance, dealing, or trade usage. In addition, Jymka makes no representation that the operation of the Jymka website will be uninterrupted or error-free. As such, Jymka shall not be liable for the consequences of any interruptions or errors, although Jymka agrees to make commercially reasonable efforts to correct errors or interruptions promptly. Jymka, its affiliates, directors or representatives are not responsible for any death injury, loss, or damage of any kind suffered by any person while participating in any class or related activities. Jymka certified instructors agree to completely indemnity Jymka against all actions, claims, demands, damages or expenses whatsoever or howsoever arising for any reason whatsoever.
Complaints policy and procedure
If you are unhappy about any aspect of the Jymka online training courses please raise your concerns immediately. This is the only method of official complaint and must be completed by the actual learner. Jymka is only able to deal with the participant learner and is unable to deal with complaints from a learners family, partner or associates. If you the participant disagrees with an assessment decision or other matter relating to our training course please use the complaints procedure as follows:
Complaints by Learners regards programme delivery If a prospect or learner is dissatisfied with the service that they have received whilst working towards their qualification, then there is a formal complaints procedure that they can follow. This is not to be confused with the appeals procedure, which is for an appeal against an assessment decision made by an assessor.
(1) detail the issues in writing to the Jymka Internal Quality Assurer by email on firstname.lastname@example.org.
(2) an acknowledgement of the complaint will be sent out within 5 working days of receipt and a formal response will be completed within 10 working days.
The Managing Directors of Jymka will be informed of your issues to allow corrective and preventative actions to be taken.Actions are then reviewed at regular management meetings to analyse the effectiveness of the actions taken and decide whether further corrective action is required. Jymka reserves the right as part of our Child First policy to ask for a police vetting cert from the participant and the right not to certify any individual for any reason at our own discretion.
Acceptance of Terms:
Payment of fees pursuant to this Agreement constitutes a participants acceptance of the terms hereof.
Malpractice & Maladministration Policy
DEFINITION OF MALPRACTICE
Malpractice is any activity or practice that deliberately contravenes regulations and compromises the integrity of internal or external assessment processes or the validity of certificates and associated achievement. It covers any deliberate actions, neglect, default or other practice that compromises, or risks compromising, the:
Integrity of a regulated qualification.
Validity of a result or certificate.
Reputation and credibility of Jymka and Active IQ, or the qualification or the wider qualifications community.
Malpractice may include a range of issues from failure to maintain appropriate records or systems, to deliberate falsification of records to claim certificates. Under this policy Malpractice also covers misconduct and forms of unnecessary discrimination or bias toward certain groups of learners.
EXAMPLES OF MALPRACTICE
The categories listed below are examples of Jymka and learner malpractice. Please note that these examples are not exhaustive and are only intended as guidance on the definition of malpractice, and other instances of malpractice may be determined by Jymka at its discretion.
EXAMPLES OF MALPRACTICE BY LEARNERS:
Plagiarism of any nature.
Collusion by working collaboratively with other learners to produce work that is submitted as
individual learner work.
Impersonation by pretending to be someone else on the con-call assessment of video assessment in order to produce the work for another or arranging for another to take ones place in an assessment/examination/test.
Inappropriate behaviour during an assessment con-call
EXAMPLES OF MALPRACTICE BY JYMKA STAFF
Improper assistance to learners
Inventing or changing marks for internally assessed work when evidence of a participants achievement is insufficient to justify the marks given or assessment decisions made.
Fraudulent claims to attain or retention of certificates.
Assisting learners in producing work for assessment, when such support may influence
assessment outcomes; for example, assistance involves Jymka staff producing work for the
Facilitating and allowing impersonation.
Falsifying records/certificates; for example, by alteration, substitution, or by fraud.
Fraudulent certificate claims, that is, claiming for a certificate before the learner completes all
Failure to comply with awarding body procedures for managing and transferring accurate
Denial of access to records, information, learners and staff to any authorised Active
IQ representative and/or the regulatory authorities.
Failure to carry out internal assessment in
accordance with Active IQ requirements.
Deliberate failure to continually adhere to Active IQs Training-provider recognition and/or qualification
approval requirements or actions assigned to Jymka.
Deliberate failure to maintain appropriate records of any claims of forgery
Intentional withholding of information from Active IQ that is critical to maintaining rigorous
quality-assurance and qualification standards.
A loss, theft of, or a breach of confidentiality in, any assessment materials.
Unauthorised amendment, copying or distributing of exam/assessment papers/materials.
Inappropriate assistance to learners by Jymka staff (e.g., unfairly helping them pass a unit
Permitting the deliberate submission of false information to gain a qualification or unit.
Deliberate failure to adhere to, or circumvention of, the requirements of Active IQs Reasonable
Adjustments and Special Considerations Policy.
DEFINITION OF MALADMINISTRATION
Maladministration is essentially any non-deliberate activity, neglect, default or practice that results in Jymka or learner noncompliance with administrative regulations and requirements for delivery of the in-house Jymka certification as set out in relevant codes of practice, and includes the application of persistent mistakes or poor administration within Jymka (e.g., inappropriate learner records).
EXAMPLES OF MALADMINISTRATION
The categories listed below are examples of Jymka and learner maladministration. These examples are not exhaustive and are only intended as guidance on Jymka definition of malpractice:
Persistent failure to adhere to Active IQs training-provider recognition requirements
or associated actions assigned to the training-provider.
Unreasonable delays in responding to Active IQs requests or communications.
Failure to maintain appropriate, audible records, e.g., certification claims or forgery of
Withholding information from Active IQ, by deliberate act or omission, necessary to
demonstrate Jymka ability to deliver the online training course
Misuse of Active IQs logo and trademarks or misrepresentation of Jymka relationship
with Active IQ, or it’s Active IQ recognition and approval status.
Failure to adhere to, or circumvention of, the requirements of Active IQs
reasonable adjustments and special considerations policy.
Failure to appoint a person responsible for ensuring Jymka deals effectively with student
Failure to ensure policies and procedures are appropriate to current circumstances.
Failure to maintain systems for keeping records of all incidents and action taken.
Failure to inform Active IQ or other awarding bodies of any acts of malpractice.
PROCESS FOR MAKING AN ALLEGATION OF MALPRACTICE OR MALADMINISTRATION
Anybody who identifies or is made aware of suspected or actual cases of malpractice or maladministration at any time must immediately notify the appropriate personnel at Jymka and Active IQ. Such communications must be by email with attached appropriate supporting evidence. If the area of malpractice or maladministration involves Jymka then the informing party may bypass Jymka and report directly to Active IQ. All allegations must include (when possible):
Training Providers name: Jymka
Learners / Prospectives name:
Active IQ: complaints Administrator
Details of the suspected or actual malpractice, and associated dates.
Details and outcome of any initial investigation carried out by the training-provider or anybody else involved in the case, including any mitigating circumstances. If Jymka has conducted an initial investigation before formally notifying Active IQ, Jymka should ensure that staff members involved in the initial investigation are competent and have no personal interest in the investigations outcome. However, note that in all instances Jymka must immediately notify Active IQ if they suspect malpractice or maladministration has occurred, because Active IQ has a responsibility to regulatory authorities to ensure all investigations are carried out rigorously and effectively. In all cases of suspected malpractice and maladministration reported to Active IQ, Active IQ protects informant identity in accordance with confidentiality and any other legal duties.
CONFIDENTIALITY AND WHISTLEBLOWING
Sometimes the informant wishes to remain anonymous. However, it is always preferable to reveal the reporting parties identity and contact details to Jymka or Active IQ. Reporting parties concerned about possible adverse consequences should inform Jymka or Active IQ they do not their identity divulged. Jymka or Active IQ can confirm they are not obliged (as regulators recommend) to disclose information if doing so breaches confidentiality or other legal duties.
While Jymka and Active IQ are prepared to investigate issues reported anonymously they must try in all cases to confirm allegations through separate investigation before taking up the matter with those implicated/involved. Jymka (and Active IQ) shall always investigate whistleblower complaints in accordance with applicable whistleblowing legislation, and will do what is reasonably possible to protect privacy without compromising process integrity.
JYMKA RESPONSIBILITY FOR PREVENTING MALPRACTICE AND MALADMINISTRATION
To eradicate cases of malpractice/maladministration Jymka will ensure:
All staff members are aware of policies and procedures and receive appropriate training/briefings on these subjects.
Staff members have clear roles and responsibilities.
Documented internal quality-assurance procedure/methodology is clear and in place, and subject to regular internal reviews.
Documented internal standardisation arrangements are in place, and evidence is kept showing that these take place at least once a year.
Learners are informed of their roles and responsibilities vis-a-vis things that may be deemed malpractice and jeopardise their potential achievements.
All assessment and internal verification activities are accurately recorded and carried out in accordance with the Jymka internal quality-assurance arrangements and in line with the Jymka expectations as outlined in its qualification guides, etc.
All registration and certification records are subject to appropriate internal review before submission.
All registration, assessment and in-house certification records are saved and secure for up to three years after student has completed their course,
JYMKA MALPRACTICE/MALADMINISTRATION INVESTIGATION PROCEDURE
To ensure effective investigation of instances of malpractice/maladministration, the following process and generic key activities are followed (Note: not all stages or steps are implemented in every case).
Stage 1: Briefing and Record keeping
Anyone involved in conducting investigations should have a clear brief and understanding of their role. All investigators must maintain an audible record of every action during an investigation to demonstrate they have acted appropriately. The officer assigning investigating officer(s) will stipulate or provide secure storage arrangements for all material associated with an investigation in case of subsequent legal challenge. Joint investigation occasionally occurs with Active IQ, with Active IQ clarifying the roles of the two teams. It is Jymka responsibility to ensure investigators are fully aware of the agreed roles and processes to follow during the investigation.
Stage 2: Establishing the facts
Investigators should review evidence and associated documentation, including relevant Active IQ guidance on delivery of qualifications and related quality-assurance arrangements. Issues to be determined are:
What occurred (nature of malpractice / substance of the allegations). Why the incident occurred.
Who was involved in the incident.
When it occurred.
Where it occurred, there may be more than one location.
What action, if any, Jymka has taken.
Stage 3: Online con-call & Interviews should be thoroughly prepared, conducted appropriately and underpinned by clear records of the interviews. For example:
Interviews should include prepared questions and responses to questions, which should be recorded. Interviewees should be informed that they do not have to answer questions. These arrangements aim to protect the rights of all individuals. Both parties should sign the account as a true record/reflection of what was covered/stated/agreed.
Stage 4: Other Contacts
In some cases, learners or employers may need to be contacted for facts and information. This may be done via con-call interviews, telephone interviews, by post or email.
Whichever method is used, the investigator will have a set of prepared questions. The responses are recorded in writing as part of evidence confirmation. Investigators should log the number of attempts made to contact an individual. Again, accounts should be signed for agreement with written records formatted as non-editable .PDF files.
Stage 5: Documentary Evidence Whenever possible documentary evidence should be authenticated by reference to the author; this may include asking learners and others to confirm handwriting, dates and signatures. Receipts must be given/issued for any documentation removed from Jymka Independent expert opinion may be obtained from subject specialists about a learners evidence or from a specialist organisation such as a forensic examiner, who may comment on the validity of documents.
Stage 6: Conclusions Once investigators gather and review all relevant evidence, a decision is made on the outcome.
Stage 7: Reporting A draft report is prepared and factual accuracy agreement obtained. The final report is submitted to the relevant staff member within Jymka for review and sign-off and shared with Active IQ and relevant parties within Jymka.
Stage 8: Actions Any resulting action plan is implemented and monitored appropriately, and Active IQ notified. To refer to Active IQs policy for Malpractice and Maladministration, please visit www.activeiq.co.uk/training-providers/guidance-for-training-providers.
INVESTIGATIONS WILL ADHERE TO THE FOLLOWING PRINCIPLES:
Rights of Individuals – When an individual is suspected of malpractice Jymka will:
Inform them of the allegation made against them (preferably in writing) and share the
evidence supporting the allegation.
Provide them with the opportunity to consider their response to the allegation and
submit a written statement or seek advice, if they so wish.
Inform them of the possible consequences if the malpractice is proven and of the
possibility that other parties may be informed, e.g. the regulators, the police, the
funding agency and professional bodies.
Communicate the appeals process to them.
Staff Interviews: Staff interviews should be carried out in accord with Jymka policy and procedures. Jymka staff may request that they are accompanied by a friend or colleague and these requests should be processed under Jymka or Active IQ policy.
Retention and Storage of Evidence and Records: Jymka retains all relevant documents and evidence in accord with Active IQs and Jymka stated policy and procedures.
Decisions and Action Plans: All conclusions and decisions will be based on evidence. A course of proposed action is identified, agreed between Jymka and Active IQ, implemented and monitored to completion. Actions should address improvements required to Jymka policies and procedures, and any action related to staff or other resources.
Proportionality: Any decision on the outcome must reflect the weight of evidence and the minor or major nature of the case, the student does not have to admit malpractice.
Sanctions: Any sanctions applied to Jymka or learners or staff members should be proportionate with the level of noncompliance identified (and evidenced) during the investigation and should be in line with applicable sanctions policies.
Class, Camp & Party Booking Terms
Class, camp and party bookins between Jymka certified Kids Fitness Instructors and Jymka licensees with their customers i.e parents, schools, preschools etc.
- ‘Carer’ means the person who attends the class with the child or is simply responsible for the welfare of the child during the class. The Carer may be a parent, Guardian or other”
- ‘Instructor’ means the self employed Jymka Certified instructor or their certified staff who is delivering the kids fitness classes independently of Jymka They are the person with whom he carer has entered into this contract in respect of the provision of classes.
- ‘Jymka’ is an online training business who trains and certifies individuals to teach and deliver fitness classes to children. These individuals / certified instructor agree not to deliver any class whatsoever unless they agree that they deem themselves fit and able to do so after successfully completing and becoming a Certified Jymka fitness instructor.
- “Fees” means the amount chargeable to attend a class or classes for a term, as specified by the instructor
- “Parent or school” means a parent, legal guardian, school or preschool of the participant who will be responsible for the payment of the Fees and who is the contracting party to this contract and who shall (if the Carer is not the Parent or school or preschool) be responsible for compliance with these Terms & Conditions by the Carer
- “Participant” means the child who is attending or who is booked on to a Jymka Class who’s details are specified by the Parent or Carer on the Booking Form
- “Venue” means the premises where the Classes take place
- “Term” means the agreed dates and time of the class term
- “Terms & Conditions” means the terms and conditions set out here and any special terms and conditions agreed in writing by Jymka and the Parent
- “Website” means the website at www.Jymka.com
All parties agree that:
- All Jymka Certified Instructors, licensee, partents, schools, preschools carers and participants agree now and in and for the future to these booking terms and no variation or addition to these Terms & Conditions shall be binding unless agreed in writing by the self employed Jymka Certified instructor(s) and the Parent.
- These Terms & Conditions shall be deemed to be accepted by the all Parents, carers, schools and preschoolsin charge of the child once the child participates in a class for any duration whatsoever
- The Jymka instructor may cancel this contract at any time before the Participant commences a Term for any reason whatsoever and agrees to refund the customer any monies received in full. Jymka shall not be responsible for any loss or damage whatsoever arising from such cancelation.
- The Instructor agrees only to deliver any kids class, camp or party after becoming a Certified instructor when they deem themselves competent and safe to do so. The instructor parent or carer agrees that they may never hold Jymka liable for any accident or incident in any class whatsoever.
Jymka Certified instructor work totally independently of Jymka online training providers and Anne-Maire Byrne. Who will no be held ilable under any circumstnace whatsoever for any accident or incident that my occur during any class, camp or party delivered by any Jymka Certified instructors in any location whatsoever.
- It is the Parent and/or Carer’s responsibility to inform the Jymka instructor of any special medical conditions or needs their child may have at the point of booking. This includes behavioral disorders.
- The participant child, parent, carer, staff of a school and preschools must not attend any Class whilst suffering from any serious illness or contagious disease or anything similar thereto.
- During all Classes, camps and parties the Parent or Carer agrees and accepts the sole responsibility, general conduct and care for the Participant child during the Class whether they are present or not.
- The Jymka instructor shall have the sole right to exclude the Participant and/or Parent and/or Carer either permanently or for such period as they (in its entire discretion) determine if deemed necessary for the safety and well being of other participants or parents or carers.
Limitation of Liability
- The Parent and/or Carer agrees that any claim made against the Jymka Certified instructor or licensee will be made in writing within 30 days of the incident taking place and failure to report in writing within this time will negate any such claim.
- The maximum aggregate liability for the Jymka instructor to the Participant, Parent, school preschool and/or Carer will not exceed the Fees paid for the class. The maximum aggregate liability for Jymka training provider is zero.
- Jymka is solely a training provider and is not to be held liable for or to anything whatsoever or to any accident or incident that my occur during any class delivered by any Jymka Certified instructors
- Neither Jymka, its certified instructors nor any employee or other representative accepts responsibility in respect of loss, damage or expense incurred by a Participant, Parent and/or Carer arising directly or indirectly or in any way connected with the attendance of the Participant, Parent and/or Carer at Classes (or any Class) or any other act or omission on the part of Jymka, its instructors, employees, agents and/or representatives.
- All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or excluded liability for death or personal injury caused by the negligence of a Jymka instructor it Coaches, coaches assistants, employees, agents and/or representatives or affects the statutory rights of the parent or Participant.
Cancelation of a Class due to Insufficient Numbers
The Jymka certified instructor shall have the sole right to cancel any class prior or during a term subject to numbers. Parents will be informed if a class is cancelled due to insufficient participants.
By agreeing to these terms and conditions the Parent consents that the data provided (non-financial) can be shared within the Jymka group.
The Parent or carer shall indemnify and keep indemnified Jymka against all loss (including loss of profit), liability, cost and expenses, which Jymka may incur directly or indirectly as a consequence of any action or inaction of the Parent, Carer and/or child Participant. Any notices to be sent by either party to the other shall be sent by pre-paid recorded delivery or hand delivered to the address of the relevant party and shall be deemed to have been received by the addressee within 48 hours of posting or immediately if hand delivered. The failure by either party to enforce at any time or for any period any one or more of the obligations arising under this contract shall not be a waiver of them or of the right at any time subsequently to enforce any or all of such obligations. These terms and conditions constitute the entire agreement between the parties hereto and supersedes prior agreements and understandings between the parties.
Fee Payments & Refunds
- Note all payments and agreements for classes are between the Jymka Instructor and the parent, school, preschoo or carer only. Jymka does not receive any payment whatsoever for any classes and is a totally independent party to same.
- The Parent shall pay the Fees for the Term directly to the Jymka self-employed instructor.
- Class and term fees are non refundable unless the classes were not delivered at all in which case it is the responsible soley of the instructor to refund the carer. Jymka is not liable for any refunds and is deemed at all times as a separate party.