Terms & Conditions

Definitions

In these Terms and Conditions, “Nurturehood”, “we”, “us” or “our” refers to Nurturehood Pty Ltd ACN 161 586 214 and “you” or “your” refers to the parent or guardian enrolling with us and any child under your care being enrolled with us (“a child”).

Registration and Enrolment

When you and a child enrol with us, you enter a contract with us based on these Terms and Conditions and the information set out in our standard enrolment form.

Acceptance of enrolment of any participant or child is at the sole discretion of Nurturehood or the applicable Studio Principal.

Nurturehood reserves the right to elect not to provide services to you or a child, process any order you place or allow you access to the classes, as a result of any conduct that Nurturehood, in its sole discretion, believes may breach the law, infringe these Terms and Conditions, violate the rights of Nurturehood or third parties, or is otherwise inappropriate for continued access and use of our website and/or services.

Fees

You are required to pay a one-off Enrolment Fee and subsequent Term Fees, in advance, when you enrol yourself and a child for a term’s classes as set out below.

Program Fees

Term Fees are charged per 10 week program and must be paid at the time of enrolment.

If, with our approval, you and a child join mid-term, fees are charged on a pro-rata basis.

You acknowledge that class teachers are not in a position to discuss fees of any kind and all fee related enquiries need to be directed to the administration department on 1300 245 060 (Mon – Fri 08:30am – 4pm AEST) or email us at welcome@nurturehood.com.au

Cancellations of Membership

You are welcome to opt out of Nurturehood program at any time. The following paragraphs explain how you can do this and are subject to your rights under the ACL.

Missed Lessons

Refunds or credits cannot be provided for classes missed due to personal circumstances of you or a child. You and a child may attend a ‘make-up’ class (subject to availability) within a comparable class within the same term.

Missed classes do not carry over into future programs. Advance notification of when you will miss a class is appreciated.

Make-up classes are only available if there are places available and therefore cannot be guaranteed. Should you book in for a make-up class but the position then be filled with a permanent class member, the make-up class will be no longer available to you.

* A comparable class is defined as a class that caters for the same age group.

Public Holidays

Nurturehood does not teach classes on Public Holidays. Term dates are adjusted where possible to compensate for classes missed due to Gazetted Public Holidays. Should a class fall on a public holiday, the term will be adjusted accordingly and/or a make-up class will be offered.

Cancellation of Classes

Occasionally, due to unforeseen circumstances, Nurturehood may need to cancel a regularly scheduled class. Notice will be given as far in advance as possible, however classes can be cancelled at short notice (for example, the morning of a class). Cancellation notifications are sent via email and SMS as this is the most efficient and effective communication method. Individual phone calls will not be made due to class sizes and the timeframes in which cancellations are required to be made.

In the event of a class cancellation, a make-up class will be offered on the terms set out under Missed Lessons. In the event that a make-up class cannot be arranged for a cancelled class within 4 weeks of the cancelled class, a credit will be placed on your account. Credits are valid for the following term only. Once this period has lapsed the credit will expire and be unusable. Credits may only be used for Nurturehood Shop purchases or payment of Nurturehood Term Fees.

Our general policy is that, in the unlikely event that we do not offer a make-up class, amounts for cancelled classes which are not made up will be credited and will not be refunded. If you and a child are permanently leaving the studio and will not have an opportunity to take advantage of your credit, please contact us and we will be happy to provide a refund.

It is your responsibility to ensure that your mobile number on file is up to date. It is also your responsibility to keep all relevant personal details on file up to date including postal address and a child’s tutu size.

COVID-19 Restrictions

In the event that a class needs to be cancelled due to COVID-19 related lockdowns, government restrictions, or a venue becoming an exposure site, a make-up class will be offered. Should class cancellations extend beyond 1 week, a credit for each affected class after the first week will be placed on your account until classes can resume, subject to the terms of class credits above. Complimentary online classes will also be offered for classes affected after the first week until classes can resume as normal.

Class Changes

Occasionally, due to unforeseen circumstances or where fewer than five participants per class are enrolled, Nurturehood may be required to make a change to a regularly scheduled class. The schedule is subject to change based on enrolment and customer demand. No classes are guaranteed. Changes may be permanent or on a one-off basis. Changes may include, but are not limited to, a change in venue, class time or teacher.

For a one-off change to a regularly scheduled class, you and a child may attend a make-up lesson in a comparable class at a suitable location. Make-up classes will be subject to the terms in the ‘Cancellation of Classes’ section of these Terms and Conditions.

Refunds

Refunds are subject to a $20 administration fee due to the cost of administering the refund with the exception of refunds processed for classes that have been terminated by Nurturehood.

Due to administration costs, we incur when you enrol with a child, including ensuring that we have sufficient staff and premises for you and a child, our general policy is that the Enrolment Fee is non-refundable.

If your class is being terminated by Nurturehood, for a term, within 4 weeks of the term starting 50% of the Enrolment Fee will be refunded.

Photography and Digital Recording During Lessons

Personal photograph/footage of your own child is permitted in line with State and Federal Laws.

Distributing or posting photographs, including on any social media site or filesharing service, containing images of persons other than that of your own child is strictly prohibited.

During classes we may take photographs or recordings of you and a child. On behalf of yourself and a child, you waive all rights in relation to performance or intellectual property rights in the photographs or recordings and consent to our use of the material for our business. If you do not wish us to use this material for our business, including on our website or in promotional material, then we regret we are unable to accept you and a child’s enrolment.

Important Note: All persons taking or publishing photographs of children are subject to both State and Federal laws regarding the taking and use of photographs of children; to find out more please go to: http://www.aifs.gov.au/nch/pubs/sheets/rs18/rs18.pdf

In-Class Etiquette

As a courtesy to all class participants and our facilitator, you agree to follow our code of conduct which includes:

Mobile phones should be switched to silent and do not disturb.
Please be mindful of your class start time. We understand that some mornings can be difficult. If you are late to class, please enter the room and find your space without disturbing the flow of the lesson for other participants.
Conversations and personal stories shared by other participants during class are confidential and are not to be repeated outside of the class space.
This is a non-judgmental and inclusive space. Please be mindful that all participants bring varied and different experiences to class. Please respect that everyone’s parenting choices and experiences are personal and right for them.
During group discussions be mindful to share only your own lived experiences and not to offer untested advice.
Each Nurturehood class runs to a specific timetable. Your facilitator will move your class through at the appropriate pace to ensure all aspects are covered. At times, your facilitator may need to bring group conversation to a close and will encourage the conversation to continue outside after class.
Be aware that a class may be following you own. Please exit the class space as soon as practical upon completion of your lesson.
Offering medical advice to other participants is not appropriate and not permitted.
As the class will take place on the floor, please ensure that appropriate clothing is worn. Active wear and non-slip socks are encouraged. Your little one should be dressed in comfortable clothes that do not restrict movement.
Complying with all directions or instructions issued by Nurturehood, our employees or contractors.
We are ultimately subject to the rules of the venue in which classes are held, including venue capacity restrictions due to COVID-19. Our compliance with these rules may prevent us from allowing siblings to attend classes.

Termination of Enrolment

Nurturehood reserves the right to terminate you and a child’s enrolment if at any time these Terms and Conditions are breached. This may include but is not limited to:

Failure to comply with these Terms and Conditions.
Disparaging language or verbal abuse of a staff member by you or a child.
Non-payment of fees /or recurring late payment of fees.
False information given by a parent either verbally or in writing.
Bullying and/or harassing teachers, administration staff, children or families enrolled at Nurturehood.

Zero Tolerance – Abusive or Aggressive Behaviour

Violent, abusive, or aggressive behaviour, however, will not be tolerated. This policy extends to any interaction with a staff member whether in-person, phone, letter, e-mail, or through our website. Should the Zero Tolerance policy be breached Nurturehood reserves the right to immediately terminate you and a child’s enrolment, discontinue its services, with all fees forfeited.

Dogs and Other Animals

Dogs and other animals are not permitted in the Nurturehood class space or venue grounds whilst Nurturehood classes are being held.

Consent and Liability

Parents, participants and children participating in our classes do so at their own risk.

Any class can involve risk or personal injury. You acknowledge that while we take all reasonable care in the conduct of our classes, we accept no responsibility for injury or loss caused during classes or whilst you, a child, other participants and people accompanying them are at or near the class location, except as set out in this section.

You are responsible for ensuring that you and a child are physically and medically fit for the class you enrol in. You must inform us of any medical conditions, injuries or allergies affecting you and a child on your enrolment form and inform us immediately if there is any change. We reserve the right to refuse entry to a class based on this information.

We strongly recommend that you consult with a doctor before starting any of our classes if you have any concerns regarding your, or a child’s health and physical ability to participate in a class.

Nurturehood, our employees, teachers and contractors have the right refuse entry to a class, or the right to ask you and a child to leave a class if either of you are showing signs of illness (coughing, sneezing or runny noses as examples) or injury. Their decision on any such matter is final.

You agree that you will not attend a class if you or a child:

Are unwell and unable to participate in normal daily activities.
Have had a temperature, vomiting and/or diarrhoea in the last 24 hours.
Have (or are showing signs of) a contagious illness or disease.

Please immediately stop and discontinue any class if you or a child experience an injury, pain and/or discomfort.

All parents/carers are to remain onsite and with their child at all times during classes. You must supervise and are responsible for your child, at all times while participating in a class.

To the extent permitted by law and except as set out in this section, we exclude liability for any claims, losses, damage, cost or expense incurred by you or a child in connection with you or a child’s use of our website or services.

To the extent permitted by law we exclude all representations and warranties, expressed or implied, including but not limited to those relating to fitness for a particular purpose.

Our disclaimers do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Nothing in these Terms and Conditions affects any rights you may have under the ACL. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of the service. For a minor failure, we may choose to provide you with a refund or re-supply the services.

To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that the loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the ACL. This evidence might include photographs, statutory declarations or reports (e.g. from your doctor), depending on the loss or damage. The type of remedy we will offer you may vary depending on how long it takes you to make a claim.

To the extent permitted by law, we will not be liable to you for indirect and consequential loss arising from or connected to this contract, negligence or otherwise unless that loss arises as a result of our own negligence or wilful misconduct.

Our liability to you for loss or damage of any kind arising out of our contract or your use of our services is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, negligence or otherwise.

Emergency Procedures

In the event of a medical emergency, you understand the class teacher may seek medical attention for you or a child or call for ambulance service if considered necessary. Any costs associated will be at your expense.

Revisions

Nurturehood reserves the right to revise, amend or modify these Terms and Conditions at any time. Revisions will be published on our website. Please check the Terms and Conditions from time to time for any changes.

Nurturehood Shop

View our Nurturehood Shop Terms and Conditions here.

Other

If at any time Nurturehood does not enforce any of these Terms and Conditions or grants you time or other indulgence, Nurturehood will not be construed as having waived that term or its rights to later enforce that or any other term.

Where any provision of these Terms and Conditions is rendered void, unenforceable or otherwise ineffective by operation of law, this will not affect the enforceability or effectiveness of any other provision of these Terms and Conditions.