Public offer
FOR CONCLUSION OF SERVICE AGREEMENT

Koto Development Co. Ltd, address: 63/202 Moo 2, Thepkasattri Road,
Kohkaew Sub-district, Muang District, Phuket, Thailand 83000, website www.phuketdolphins.com, phone: +66 (0) 82-746-2065, hereinafter referred to as the "Contractor", offers a legal representative (parent, adoptive parent, guardian, trustee) of children attending classes at the facilities listed on the website www.phuketdolphins.com, hereinafter referred to as the "Customer", to conclude an agreement for the provision of sports and recreation services - classes in the direction of football for children (hereinafter referred to as the "Agreement") at the indicated in this public offer (hereinafter referred to as the "Public Offer") conditions. The Contractor and the Customer are each individually referred to as the "Party", and collectively as the "Parties".

Full and unconditional acceptance (acceptance) of the terms of this Public Offer is the implementation by the Customer of the first payment for the services provided by the Contractor in the manner determined by this Public Offer. The acceptance of this Public Offer is tantamount to the conclusion of the Agreement and means that the Customer agrees with all the provisions of this Public Offer and all annexes to it. The date of conclusion of the Agreement is the date of payment by the Customer for the services of a certain Contractor who will organize classes with children.

The Contractor has the right to make changes to this Offer at any time. In case of changes, the Contractor publishes information about this on the official website on the Internet www.phuketdolphins.com and notifies the Customer in any convenient way: by sending an email to the Customer, by verbal notice to the Customer in person or by phone, at a meeting, etc. d. Changes come into force within 10 (Ten) days from the date of publication of the Offer in a new version. If the Customer does not agree with the changes in the Offer, he has the right to refuse to execute the Agreement in the new version. If the Customer continues to use the services of the Contractor after the expiration of the specified period, he is considered to have accepted the Offer in a new edition.

By accepting the Offer, the Customer confirms that:
He has read the Visit Rules (Appendix No. 1 to the Paid Services Agreement, agrees to comply with them, undertakes to convey the content of the Visit Rules to the child and ensure that the child complies with the Visit Rules, instructions and recommendations of the representatives (employees) of the Contractor, the coach during the classes;
The child has no medical contraindications for attending classes. The Customer is warned about the need for the child to undergo a medical examination before attending classes, as the Customer is personally responsible for the health of the child. The Customer understands that failure to provide or provide false information about the child’s health, attending classes during an acute or exacerbation of a chronic illness, may lead to a deterioration in the child’s health and releases the Contractor from liability for the deterioration of the child’s health resulting from participation in classes during an acute or exacerbation of a chronic disease, as well as as a result of failure to provide or provide false information about the state of health of the child; 3. He/she understands the health risks of participation in the activities of the child, caused, among other things, by the mobile nature of the exercises used in the classes, as well as the limited space in which the classes are held. The customer understands that as a result of participation in the classes there is a risk of injury to the child. The Customer releases the Contractor from liability for any deterioration in the health of the child, which may arise as a result of providing the Contractor with false information about the state of health of the child or failure to provide such information.

The Customer decides and agrees to the processing by the Contractor of the Customer's personal data and the child's personal data (hereinafter referred to as the "PD") provided during the classes, freely, by his own will and in his own interest. PD processing means actions (operations) with PD, including collection, systematization, accumulation, storage, clarification (updating, changing), use, depersonalization, blocking, destruction of PD. The list of PD, for the processing of which the consent of the PD Subject is given: last name, first name, patronymic, date of birth, photograph, passport data: document series and number, authority that issued the document, date of issue of the document, address of registration of residence, address of actual place of residence, gender , contact phone numbers, e-mail addresses.

The term for processing PD is indefinitely. In the manner prescribed by the current legislation of the Russian Federation, the consent may be withdrawn by the PD Subject by a written request to the Contractor. The Customer agrees that, at his written request, a notification of the destruction of PD will be served at the location of the Contractor.

The Customer grants the Contractor an unconditional and unrestricted right to publish and further use images of the general plan of the Customer and / or images of the general plan of the child, including photographs and videos depicting the child and / or the Customer. The Contractor, among other things, has the right to use images of the general plan of the Customer and / or the child on the Internet, as well as in any advertising and information materials aimed at drawing the attention of any third parties to the activities of the Contractor.
The Customer agrees to receive SMS messages, e-mail messages about the activities of the Contractor, promotions carried out by him or with his participation, sent by the Contractor or on his behalf by third parties.

1. The Subject of the Agreement
1.1. The Contractor undertakes, under the terms of the Agreement, to provide the Customer with sports and recreation services - football classes for children (hereinafter referred to as the "Services"), the cost, venue, schedule and other conditions for which are listed on the website www.phuketdolphins.com, and the Customer undertakes ensure compliance with the Visiting Rules established by the Contractor and pay for the Contractor's Services.
1.2. In case of non-compliance with the Visit Rules, the Contractor has the right to refuse to execute the Agreement at any time without any compensation to the Customer.
Rights and obligations of the Parties, procedure and terms for the provision of Services
2.1. The Contractor undertakes:
2.1.1. Provide the Services of proper quality, at the place of provision of the Services and in accordance with the schedule indicated on the Contractor's website www.phuketdolphins.com
2.1.2. Ensure the proper functioning of equipment and inventory, auxiliary equipment intended for the provision of Services under the Contract.
2.2. The contractor has the right:
2.2.1. Unilaterally change the schedule of classes, informing the Customer about the changes in a convenient way: by sending a letter by e-mail to the Customer, by verbally informing the Customer in person or by phone, by publishing in the official Telegram chat.
2.2.2. Unilaterally change the Visiting Rules. In case of changes, the Contractor publishes information about this on the official website www.phuketdolphins.com on the Internet and notifies the Customer in any convenient way: by sending a letter by e-mail to the Customer, by verbal message to the Customer in person or by phone, by publishing in the official chat Telegram. Changes come into force within 10 (Ten) days from the date of publication of the new edition of the Rules for visiting. If the Customer does not agree with the changes in the Visit Rules, he has the right to refuse to execute the Agreement. If the Customer continues to use the services of the Contractor after the expiration of the specified period, it is considered that he has read and agrees with the text of the Visit Rules in the new edition.
2.2.3. Refuse unilaterally from the execution of the Agreement or refuse the Customer to conclude the Agreement in the event of:
2.2.3.1. non-payment by the Customer for the Services in accordance with the terms of the Agreement;
2.2.3.2. other improper performance by the Customer of its obligations under this Agreement;
2.2.3.3. violation of the rules of visiting;
2.2.3.4. termination by the Contractor of the lease (use) agreement with the facility in which classes are held.
2.2.4. The Contractor reserves the right to terminate the provision of the Services if the group is attended by five or less children;
2.2.5. In case of cancellation of classes at the initiative of the facility in which classes are held, as well as in case of emergencies that occurred through no fault of the Contractor, force majeure circumstances, reconstruction, repair of the building, premises of the facility in which classes are held or a separate part of it, as well as in in the event of the closure of the facility in which classes are held, the Contractor suspends the provision of services to the Customer and resumes their provision after the termination of these circumstances. If such circumstances have not ceased within two months from the moment of suspension of the provision of the Services, the Contractor (in the event that the funds have been paid for the classes) at the request of the Customer shall return the unused advance payment to the Customer.
2.3. The customer undertakes:
2.3.1. At the conclusion of the Agreement, fill out the Questionnaire, providing the Contractor with complete and reliable information about the child, for attending classes for which the Agreement is concluded. By entering into this Agreement, the Customer confirms that he has been notified and agrees that all liability for damage to the life, health and property of the Customer or a child participating in the classes, caused as a result of providing false information in the registration form, lies with the Customer;
2.3.2. Pay for the services of the Contractor in the amount and manner established by this Agreement;
2.3.3. Communicate the content of the Visiting Rules to the child and ensure that the child complies with the Rules, instructions and recommendations of the Contractor's employee during the classes;
2.3.4. Timely inform the Contractor about all changes in the child's health status, emerging difficulties, side effects, etc. during and after the course;
2.3.5. Not to disclose to third parties without the prior written permission of the Contractor information that has become known to the Customer regarding the procedure for conducting classes, the set and nature of the methods used by the Contractor;
2.3.6. Ensure that the child attends classes according to the class schedule;
2.3.7. Ensure that the child has sportswear and shoes during classes.
2.4. The Customer has the right to use the Services, participate in classes conducted by the Contractor or on his initiative or with his participation.
2.5. The Customer is not entitled, without the written permission of the Contractor, to replace the child indicated when filling out the Questionnaire with any other child.
2.6. The Contractor starts rendering the Services after paying the cost of the subscription in the manner and amount established by this Agreement, and stops providing the Services after the expiration of the paid subscription, or after conducting all the classes paid for by the subscription, depending on which event occurs earlier.
2.7. In the event that within three working days from the end of the provision of the Services, the Customer does not receive claims regarding the composition, quantity and quality of the provision of the Services, the Services are considered rendered in full, in the proper composition and quality.
Settlement procedure
3.1. The Contractor starts rendering the Services only after receiving payment for the cost of the Services in accordance with this clause of the Agreement.
The Customer pays for the Contractor's Services in cash or by bank transfer to the Contractor's account before the start of the first subscription lesson.
The subscription price includes all taxes and fees and is not subject to VAT.
3.2. The Contractor has the right to unilaterally change the cost of the Services. In case of changes, the Contractor notifies the Customer in any convenient way: by sending a letter by e-mail to the Customer, by verbal message to the Customer in person or by phone, by publishing in the official Telegram chat. Unilateral change in the cost of already paid services is not allowed.
Responsibility of the Parties
4.1. For non-performance or improper performance of the Agreement, the Parties shall be liable under the current legislation of Thailand.
4.2. The executor is not responsible:
4.2.1. For harm caused to the life, health or property of a child as a result of failure to provide and / or untimely provision of reliable information about the state of health of the child to the Contractor by the Customer; and / or in case of violation or improper performance by the Customer and / or the child of the terms of the Agreement, the Rules and / or safety regulations when using the Services; instructions and recommendations of the Contractor's employee on the use of equipment, inventory, etc. Contractor; and / or through the negligence of the child and the Customer; for harm caused to the health of a child or caused to the property of the Customer by their own actions and / or inaction, and / or caused by the actions of third parties;
4.2.2. For harm associated with the deterioration of health, if the child's health has deteriorated as a result of an acute illness, exacerbation of an injury or a chronic illness;
4.2.3. For loss of or damage to personal belongings left in locker rooms or other areas of the facility where classes are held;
4.2.4. In cases stipulated by the Visiting Rules, current legislation.
4.3. In the event of a child being injured, the Customer is responsible for any costs associated with the departure of emergency medical care that the Contractor's employee may call, as well as for any other costs associated with the treatment of the Customer's child.
4.4. The Customer is liable for damage caused to the Contractor and the facility in which classes are held. In the event that the Customer's child causes damage to the Contractor, the Customer is obliged to reimburse the Contractor for the cost of damaged and / or lost property, established by the Contractor. In case of damage to the Contractor, an act is drawn up. If the Customer refuses to sign the act, the Contractor signs it unilaterally. The Customer within 5 (five) calendar days on the basis of the act is obliged to compensate the Contractor for the damage caused in full.
4.5. The Customer is responsible for the accuracy of the data specified in the Agreement and, in case of their change, must immediately inform the Contractor in writing or by e-mail.
4.6. The Parties are released from liability for partial or complete failure to fulfill obligations under the Agreement, if this failure was the result of force majeure.
4.7. In the event that the Customer’s child was absent from classes without a valid reason (a valid reason is only the child’s illness, confirmed by a certificate from a medical institution), the cost of the Services paid for, but not provided due to the absence of the Customer’s child without a valid reason, is not reimbursed, classes are not rescheduled for another time .
If the Customer’s child misses more than half of the paid subscription lessons for a good reason (the child’s illness, confirmed by a certificate from a medical institution), the money for them will not be returned to the Customer, and the next month the opportunity to transfer the missed classes to another time is given.
4.8. The expiration of the Agreement does not release the Parties from liability for its violation.
4.9. All disputes and disagreements are settled by the Parties through negotiations, and, if no agreement is reached, in the district court at the place where the Contractor provides services to the Customer.
Final provisions
5.1. All annexes to this Agreement are its integral parts. Unless otherwise provided by the Public Offer, the Agreement, additions and / or changes to the terms of the Agreement shall enter into force in the manner prescribed by the Agreement.
5.2. All disputes and disagreements related to the conclusion, execution and termination of the Agreement, the Parties will seek to resolve through negotiations.
5.3. In all other respects that are not provided for in the Agreement, the Customer and the Contractor are guided by the current legislation of Thailand.
5.4. If any of the terms of the Public Offer is found to be invalid or illegal, or cannot be enforced in accordance with the current legislation of Thailand, such a condition is removed from the Public Offer and replaced by a new provision that best meets the original intentions contained in the Public Offer, while the rest the provisions of the Public Offer or the current Agreement do not change and remain in force.
LIST OF APPS
6.1. Appendix No. 1 - "Visit Rules"
Annex No. 2 - "Subscription price"

Application No. 1
to the contract for the provision of services

Visiting Rules
To attend classes you need:
- before the first visit, provide reliable information about the child's health status;
- pay for attending classes for the current month by purchasing the selected subscription;
- in case of missing classes, notify the Contractor in advance (at least 3 hours before the lesson) of the upcoming absence of the child from the lesson by means of a message in the official Telegram chat - indicating the name and surname of the child, group and reason for absence;
- to have a sports uniform - a T-shirt, sports shorts, leggings or socks; shoes appropriate for the sport and the place of training. Uniform, shoes and protection should not hamper movement, cause inconvenience and injury. Clothing for classes should be without zippers, buttons, fasteners and other hard, sharp or interfering elements;
- have non-carbonated plain drinking water, a small towel (if desired).
The order and rules of conduct during classes, as well as before and after:
- Please arrive at least 15 minutes before class starts. Change into dressing room uniform. Before class, remove all hard, sharp or interfering objects from yourself;
- the legal representative (accompanying the child) who meets the children after training must be 5-10 minutes before the end of classes;
- it is forbidden to be in the gym if there is no representative (employee) of the Contractor, coach. You can enter the sports hall (football field) only with the permission of the representative (employee) of the Contractor, coach.
- it is strictly forbidden to hit the ball on the goal before and after the practice;
- you can address the representatives (employee of the Contractor), the coach by name and patronymic, on "YOU".
- Accurately and timely follow the instructions of the representative (employee) of the Contractor, coach;
- in case of feeling unwell, immediately inform the representative (employee) of the Contractor, coach;
- it is forbidden to leave the gym (from the football field) during the lesson without the permission of the coach;
- It is forbidden to bring food to class, including special cocktails. Still water should be in plastic, closed bottles.
- active games are prohibited (running, jumping, games, etc.) without the control of the coach;
It is not recommended to bring valuables, phones, tablets, etc. to classes. etc. The performer (his representatives, employees), the coach are not responsible for the loss of valuables brought to classes.
All classes are held within their time schedule. At the same time, the Contractor reserves the right to change the schedule in case of objective necessity, as well as the right to replace the coach.
The Contractor is not responsible for harm associated with the deterioration of health, if the child has medical contraindications for physical activity, as well as if the cause of harm to health was a violation of the rules for attending classes, or due to incorrect implementation of the rules of a particular game, inattentive listening to the rules of the game .

You are not allowed to attend classes in the following cases:
- if the child is unwell, deterioration of health on such grounds as: Signs of a respiratory viral disease (runny nose, cough, sore throat, aching joints, etc.); gastrointestinal upset (diarrhea, nausea); increase in body temperature; dermatological problems: skin rashes, non-healing wounds; damage to the skin, muscle tissues and ligaments, as well as bruises, sprains and other injuries of the musculoskeletal system; allergic conditions.
Legal representatives understand that outdoor games with elements of football are associated with the risk of injury as a result of a collision, fall, kick to the legs, improper performance of a technical element (for example, when dribbling the ball, stepped on it and fell, etc.) and in these cases have no claims against the Contractor, representative (employee) of the Contractor, coach.
The legal representative (person accompanying the child) is responsible for the life and health of children on the territory of the facility in which classes are held, as well as full financial responsibility for the behavior of the child during the entire time of their stay on the territory of this facility;
In order to avoid traumatic situations and disorganization, a child who is more than 10 minutes late for class may not be allowed to class at the discretion of the coach;
The legal representative (person accompanying the child) has the right to be present at the classes, but cannot interfere in the process of classes and demand a change in the format of classes.
In the absence of a legal representative (a person accompanying the child) after classes, the child is under the supervision of the Contractor until they arrive. It also informs that the child was not taken away by the contact number indicated in the questionnaire. The time spent by the Contractor with the child for more than 20 minutes, not related to his work schedule, is paid separately.
In case of inadequate behavior of the child (aggression, hysterical states, intentional damage to property, etc.), the legal representative (person accompanying the child) is obliged to pick up the child immediately. And if these situations are repeated more than two times, the Contractor has the right to refuse to provide services unilaterally.
For classes missed without a valid reason (illness confirmed by a certificate), the cost is not refundable or compensated.
Legal representatives must inform the Contractor about a change in contact phone number and place of residence.

Application No. 2
to the contract for the provision of services

Subscription price
1) Start groups 3+ years old
-8 trainings (1 month) - 4000 TB
-2 trainings per week
-duration 45/60 minutes

2) Start groups 3+ years old
-24 trainings (3 months) - 10800 TB
-2 trainings per week
-duration 45/60 minutes

3) Tariff Tourist 3+ years old
-4 trainings (2 weeks) - 2400 TB
-4 trainings
-duration 45/60 minutes
-attending any training from the schedule by age

4) Personal training with a trainer
-1 individual training - 1500 TB
- duration 60 minutes
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