Terms and Conditions
Brewhaha Trust trading as Jump Up For Kids (Provider)
You – the person using the provider’s website or procuring the Provider’s services (Client)
The Provider operates an allied health business and website, including clinic based and mobile services, to Clients (and Clients’ nominees) by qualified allied health practitioners and allied health assistants.
The Agreement applies to the relationship between Client and Provider, including without limitation:
- the Services;
- Client’s use of Provider’s website;
- all communications between Client and Provider.
- Provider Obligations
- Client Obligations
Client agrees to:
- give the Provider all information required for the provision of the Services;
- respond to Provider’s inquiries in a timely manner.
Client must pay Provider the amounts set out on the pricing page (all in Australian Dollars) at jumpupforkids.com.au, or agreed to by the Client.
Payment is due on the day of the appointment.
Client authorises Provider to complete automatic payment transactions for fees by debit or credit card on a session-to-session basis and agrees to do all that is required to ensure funds are available.
Client is responsible for paying all government charges or duties incurred in or in connection with Provider’s provision of credit, or supply of Services.
Upon receipt of cleared funds in the Provider’s bank account, payment will be deemed to have been made.
- Cancellations and Refunds
Provider or allied health professional may cancel an Appointment. The Client may choose to cancel an Appointment up to 48 hours before the Appointment without any charge being applied. In these cases, Provider will provide a full refund.
Client will forfeit the $50 booking deposit, if first appointment is cancelled.
Client may be charged a $50 cancellation fee if the Appointment is cancelled with less than 48 hours but more than 12 hours notice.
Client may be charged full amount due if the Appointment is cancelled with less than 12 hours notice.
A refund is not provided once Client has engaged in a session with the Provider, regardless of the outcome of the session.
- Failure to pay
Provider may do any of the following in the event that an amount is outstanding on the due date:
- charge Client interest on any amounts owing at a rate of 10%
- stop Client’s use of Services until payment received
- terminate any Agreement that is in place
- start proceedings against Client to recover the overdue amount
- recover all costs in relation to debt collection actions required to recover funds from Client
- Variation of Terms and Conditions
Provider may vary the Agreement with notice. If the Client does not accept the variations, they may terminate the Agreement immediately by providing notice to the Provider.
Client or Provider may terminate this agreement at any time by giving 2 weeks’ notice to the other party.
Client’s obligation to pay any outstanding fees or other amounts in relation to Services continues beyond termination of the Agreement.
- Exclusion of express warranty
The Provider makes no guarantees that:
- allied health treatments and other services facilitated by Provider are appropriate for a client’s needs;
- treatment provided by allied health professionals and allied health assistants will be helpful and meet their goals or expectations;
- Allied health assessments, surveys and tools are effective
- Limitations, exclusions and indemnities subject to the law
In no event will the Provider or nominated parties be held liable to the Client, any party or organization for any indirect, direct or other repercussions that may arise in connection with the Agreement or the Services.
Client agrees to indemnify and hold the Provider, their officers, agents and employees harmless for any liability, loss or damage they may suffer as a result of claims, demands, costs or judgements against them arising out of the activities to be carried out pursuant to the obligations of the Agreement.
Communications must be in writing.
Client and Provider can provide Communication to each other by sending it to the other party’s email address. The Provider will use the email address on the Client’s completed intake form, submitted via https://jumpupforkids.com.au/forms/. The Provider’s email address is firstname.lastname@example.org.
If the Agreement is inconsistent with any other document between the Client and Provider, the Agreement prevails to the extent of the inconsistency.
The laws of Queensland govern the Agreement. The Client and the Provider submit to the non-exclusive jurisdiction of courts with jurisdiction there.
- Transfer of rights and obligations
Client cannot transfer any of its rights or obligations under the Agreement without written consent of Provider.
Provider transfer its rights or obligations under any contract arising from the Agreement to a third party without notice to or prior consent of the Client.
Client will sign any required documents to give effect to transfer by Provider under this clause.
- Unforeseen events
The Provider’s obligation under the Agreement are suspended if affected by an Unforeseen Event, for as long as the event continues. Provider may terminate the Agreement in writing to Client if the Unforeseen Event continues for more than 30 days.
Client obligations to pay any money under the Agreement remain regardless of the Unforeseen Event.
The Provider must endeavour to remove, overcome or minimise the effects of that Unforeseen Event as quickly as possible.
JUMP UP OUTDOORS PROGRAM TERMS AND CONDITIONS
I hereby agree that, by registering my child as a participant at a Jump Up for Kids Outdoors Program, I acknowledge and agree that:
- “Jump Up Outdoors” means Brewhaha Trust (ABN: 99 119 756 307) trading as Jump Up For Kids and its officers, servants or agents responsible for conducting the Jump Up Outdoors Program for which I am registering.
- Agreement to Terms and Conditions: On submission of this registration with payment in full, the participant, will be permitted to attend the Jump Up Outdoors Program for which I am registering subject to compliance with the terms and conditions of the Jump Up Outdoors Program, this declaration and any reasonable direction issued by Jump Up for Kids Outdoors.
- Cancellation Policy: As we have limited spaces available for our Jump Up Outdoors Programs, we will charge a $50 cancellation fee for any cancellations notified in writing prior to 7 days before the start of the Jump Up Outdoors Program for which you are registering. No refunds will be given for any cancellations notified after 7 days before the start of the Jump Up Outdoors Program for which you are registering. We reserve the right to cancel any Outdoor Adventure Program in circumstances where a minimum registration of 10 participants for each program is not reached. In that circumstance, a full refund for the entire registration fee will be provided to you.
- What Participants Must Bring: Participants must bring their own mosquito repellent, torch or headlight and water bottle.
- What Participants Must Wear: Participants are required to wear warm clothing. As the participants will get dirty, wet and muddy, they are also required to bring a backpack with 1-2 sets of spare clothes, a spare pair of shoes, a towel and plastic bags for wet clothes. For the comfort of the participant I am registering for, I agree to ensure he/she comes prepared with spare clothes that can be managed independently (for instance: no fasteners they need help with and no shoelaces if they cannot tie their shoes).
- Fitness to Participate: I declare that the person I am registering to participate in the Jump Up Outdoors Program is and must continue to be medically and physically fit and able to participate in the Jump Up Outdoors Program for which I am registering. Should the participant suffer from an allergy and/or require medication for a pre-existing condition I shall fully declare all necessary details to Jump Up for Kids Outdoor Adventure. I will immediately notify Jump Up Outdoors in writing of any change to the participant’s fitness and ability to participate.
- Illness: On lodging this registration, I understand that Jump Up Outdoors is unable to care for children who are sick or who have a contagious condition. I acknowledge that it is my responsibility to provide alternative care arrangements if the participant I am registering for is sick, generally unwell, has a contagious condition or is deemed by Jump Up Outdoors to be unable to participate during the Jump Up Outdoors Program for which I am registering.
- Participant Conduct: The participant must not be a danger to himself/herself or to the health and safety of others. Jump Up Outdoors reserves the right, by the exercise of its absolute discretion, to cancel the registration without refund and exclude further participation in the Jump Up Outdoors Program of any participant who breaches this requirement or any other reasonable conduct requirement.
- Prevailing Conditions: The Jump Up Outdoors Programs are conducted outside and in a natural environment. From time to time, the Jump Up Outdoors Programs and the conduct of and participation in the Jump Up Outdoors Programs will be affected by weather and associated conditions. Given that the prevailing weather conditions are unpredictable, I acknowledge and agree that Jump Up Outdoors cannot control the weather and associated conditions. The safety the participants is paramount to us. In case of thunderstorm or other extreme weather events, you may be required to collect the participant you are registering for earlier than the designated pick up time.
- Late Pick Up: Jump Up Outdoors will charge a late pick up fee of $1.00 per minute after the designated finish time. Failure to pay the late pick up fee on the day will result in immediate cancellation of the participant’s registration and forfeiture of the remaining balance of the registration fee.
- Inherent Risks: Participation in the Jump Up Outdoors Programs does involve risks of harm or injury to participants including, but not limited to, over-exertion, dehydration, equipment failure, weather conditions and accidents and such risks may result in the participant being personally injured or his/her property being damaged. I have voluntarily read and understood this warning and accept and assume (on behalf of the participant) the inherent risks associated with participation in the Jump Up Outdoors Programs.
- First Aid and Medical Treatment: If required, Jump Up Outdoors provide first aid to participants of the Jump Up Outdoors Program and will arrange any necessary medical or hospital treatment (including ambulance transportation). I authorize and give permission for such actions being taken by Jump Up Outdoors where my further consent cannot be obtained and agree to meet all costs associated with such action.
- Exclusion of Liability: Except where provided or required by law and such cannot be excluded, I agree that it is a condition of the registration of any participant for a Jump Up Outdoors Program, that Jump Up Outdoors is absolved from all liability for direct, indirect and consequential losses however arising from injury, harm or damage howsoever caused (whether fatal or otherwise) arising out of participation by the registrant at the Jump Up Outdoors Program I am registering for.
- Photography and Videos: I acknowledge and consent to photographs and videos being taken of the participant for which I am registering during his/her participation in the Jump Up Outdoors Program and authorise Jump Up Outdoors to use such photographs and videos for promotional or other Jump Up Outdoors development and marketing purposes without my further consent being obtained. Further, I consent to Jump Up Outdoors using the participant’s image, likeness and participation in the Jump Up Outdoors Program activities, at any time, to promote Jump Up Outdoors in any form of media.
- Access to Information: I understand that I will be able to access information of the participant by written request submitted to Jump Up for Kids Outdoor Adventure.
- Privacy: I understand that the information I have provided is necessary for the conduct and operation of the Jump Up Outdoors Programs. I acknowledge and agree that the information provided will only be used by Jump Up Outdoors to facilitate the conduct and operation of the Jump Up Outdoors Programs.
- Applicable Law: The agreement formed because of registration of a participant for a Jump Up Outdoors Program shall be governed in all respects by and interpreted in accordance with the laws of Queensland.
- Parental/Legal Guardian Warranty: I warrant that I am the parent or legal guardian of the participant I am registering for and, in that capacity, I expressly agree to be responsible for the participant’s behaviour and agree to personally accept the conditions set out above.