Unicorn Party - Essendon

These terms and conditions apply to the after school program provided by Fizz Kidz Australia Pty Ltd (ABN 40 611 366 075) in relation to which you are enrolling your child (the ‘Program’). These terms and conditions constitute a legally enforceable contract between you and Fizz Kidz. When you enrol your child in the Program you consent to your child’s participation in the Program and confirm your agreement to be bound by these terms and conditions.

1. The Program
1.1. The Program is owned and operated by Fizz Kidz Australia Pty Ltd (referred to in this document as ‘Fizz Kidz’, ‘we’, ‘us’ and ‘our’ as the context requires).
1.2. Details of the Program, including the activities it entails can be found here on our website [insert link]. It is important that you familiarise yourself with the Program’s activities.
1.3. We may change or alter the Program at our discretion. Wherever possible and practicable to do so, we will provide notice of any changes to you.

2. Important representations
2.1. In relation to each child that you enrol in the Program (each an ‘enrolled child’) you represent and warrant to us as follows:
2.1.1. you have the lawful authority and capacity as each enrolled child’s legal parent or guardian to enrol the child in the Program;
2.1.2. all the information that you have provided to us in connection with the enrolled child, including but not limited to medical information, medicines and allergies, is accurate and complete in all respects and that you will immediately update this information to us if and when relevant; and
2.1.3. without limiting the above, the information you have provided in respect of contact persons and people authorised to collect the enrolled child from the Program is accurate and complete and that you will promptly update this information by written notice to us if and when required.
2.2. You understand that Fizz Kidz is not the owner of the venue stated in the enrolment form at which the Program is operated and as such we make no representations or warranties about the venue.
2.3. Where we choose to accept the enrolment of the enrolled child in the Program we do so in reliance on the above representations.

3. Medical and related issues
3.1. You authorise Fizz Kidz and our personnel and representatives:
3.1.1. to consult with the enrolled child’s school regarding any behavioural or medical management issues necessary to provide consistency and to otherwise enhance the service provided to the enrolled child;
3.1.2. in the event of accident, illness or emergency, to administer first aid and to otherwise obtain (or endeavour to obtain) the necessary and appropriate medical treatment for the enrolled child, including ambulance transportation; and
3.1.3. to apply sunscreen to the enrolled child (if considered appropriate).
3.2. In the event of medical treatment including ambulance transportation, you agree to meet any and all expense for such medical assistance, treatment and transportation.
3.3. You also give permission and consent for the enrolled child to leave the venue where advised by Fizz Kidz staff or representatives or in the case of a medical emergency and emergency drills.

4. Infections
4.1. You acknowledge and agree that Fizz Kidz will not accept the enrolled child at the Program if the enrolled child is suffering from an infectious or contagious disease as identified by the Department of Health or in the opinion of our staff is too unwell to attend the Program.
4.2. You must immediately make arrangements and collect the enrolled child from the venue if requested by our staff. You must not bring the enrolled child back to the Program until 24 hours after the illness or disease has passed (or until you have produced a medical certificate if requested by staff).
4.3. If the enrolled child is subject to suspension or exclusion from the Program or is withdrawn from the Program due to medical reasons, Fizz Kidz may disclose the enrolled child’s name and reasons for the suspension or exclusion, or medical conditions, to persons in control of the school or other venue at which the Program is operated.

5. Conduct of enrolled children
You understand that the enrolled child will be under the direction and control of our staff. Further, if the enrolled child demonstrates unacceptable behaviour, you will be notified by staff and may be required to collect the enrolled child. In such circumstances, you agree to immediately make arrangements to collect the enrolled child from the Program. We reserve the right to suspend or cancel the enrolled child’s participation in the Program.

6. Collecting children
6.1. You acknowledge and agree that the enrolled child is not under our supervision unless and until they arrive from their school activities to our care. Further, the enrolled child is no longer under our supervision or care once they are signed out.
6.2. You acknowledge and agree that as a Guardian or by adding an Emergency Contact you are making this person an authorised nominee who has been given permission to:
6.2.1. collect the enrolled child from the Program; and
6.2.2. authorise consent to medical treatment, administration of medication, take the enrolled child out of the Program.

7. Photographs, video and sound recordings
7.1. Fizz Kidz typically takes photographs, videos and/or sound recordings in the activities associated with the Program. If you have ticked the relevant consent on the enrolment form, you authorise us to take such photographs, videos and to create sound recordings featuring the enrolled child for the following purposes:
7.1.1. as an essential or incidental part of the activities and experience provided to the enrolled child and each other child participating in the Program;
7.1.2. archival records of the enrolled child’s participation in the Program;
7.1.3. updating and reporting to parents and guardians; and
7.1.4. sharing and promoting the Program and the enrolled child’s experiences in the Program through various media such as newsletters, visual displays, emails to families and social media. If you wish to revoke your consent to such uses it is your responsibility to notify us in writing. Revocation of your consent may mean that the enrolled child cannot participate in certain activities.

8. Exclusion of our liability
8.1. You acknowledge and agree Fizz Kidz does not accept any liability for personal injury, property damage or loss sustained by the enrolled child or their parent or guardian due to them participating in the Program other than to the extent that the injury, damage or loss was caused or contributed to by the proven negligence of Fizz Kidz its directors, officers, employees or contractors, except as otherwise expressly required by law.
8.2. You must indemnify Fizz Kidz and our directors, officers, employees and contractors (collectively ‘those indemnified’) against any and all costs, expenses, claims or liability incurred or suffered by those indemnified arising from any injury to another child, our staff or any other person, or any loss or damage to property, which is caused or suffered by the enrolled child at the Program.

9. Cancellation procedures
You agree to abide by our cancellation procedures and will inform our staff at the Program, of any absence of the enrolled child. You agree that you will be charged for the session in accordance with the cancellation policy or if you do not follow the cancellation procedures.

10. Consequences of non-payment
You understand that if non-payment of fees occurs the enrolled child’s enrolment in the Program may be suspended and/or cancelled. You understand if non-payment of fees continues, the debt may be referred to a collection agency.

11. Amendments to these terms
Fizz Kidz reserves the right to vary these terms and conditions from time to time. Changes may occur as a result of a change to government regulations or because of a change to the Program and our activities. We will notify you of any changes to our terms and conditions and you will have the right to cancel the enrolled child’s participation in the Program.

Anyone partaking in any classes or coming to any events at Fizz Kidz or organised by Fizz Kidz must agree to these terms and conditions.

1.) LIABILITY WAIVER

I agree to take on full responsibility for any damages, injuries and for physical and/or personal property, which I might incur whilst participating in classes and/or events organised by Fizz Kidz

2.) PHOTO & VIDEO

I agree to give Fizz Kidz unrestricted publishing rights for any photographs or videos taken at Fizz Kidz  classes and events or on Fizz Kidz premises. (For use of Fizz Kidz marketing materials).

3.) REFUNDS

Fizz Kidz requires 48 hours notice in writing prior to the class commencing for a refund, transfer or credit.

4.) CANCELLATIONS

In the event that a class is cancelled by Fizz Kidz, students will be notified via text message or email and entitled to a full refund, transfer or credit.