1 Definitions
CUBS PARENTING TERMS AND CONDITIONS
1. (a) Agreement means this Agreement, including but not limited to Terms and Conditions, the Activity
Waiver and Release attached herein and any recitals, schedules, policies and procedures, and
annexures issued from the Provider from time to time;
2. (b) Activities means any activities provided by the Provider from time to time;
3. (c) Activity Period means the period in time that the Participant engages the Provider to provide such
Activities whether that be on a day-by-day basis, 2-hour session or term-by-term basis;
4. (d) Claim means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost,
liability, action, proceeding, right of action, claim for compensation or reimbursement or liability
incurred by or to be made or recovered by or against the person or company, however arising and
whether ascertained or unascertained or immediate, future or contingent;
5. (e) Fees means any fees payable by you to participate in the Activities for the Activity Period;
6. (f) Location means location advised at the time of booking with the Provider or as otherwise amended
from time to time;
7. (g) Parent and Guardian means the lawful parent, guardian or carer of the Participant who is
authorised to enter into this Agreement on the Participant's behalf;
8. (h) Participant/ you/ your means the person entering into this Agreement and participating in the
Activities provided by the Provider;
9. (i) Personal Information has the definition attributed to it under Privacy Act 1988 (Cth); and
1. (j) Provider/ Cubs Parenting Cubs Hub / our/ us/ we mean Pty Ltd Madeline Baillie trading as Cubs
Parenting ABN 80 101 801 060 and any of its related entities, servants, agents, successors, and
assignors.
2 Interpretation
1. 2.1 Words in this Agreement have the same meaning as their corresponding meaning in the Act.
2. 2.2 This Agreement is governed by and construed in accordance with the laws of New South Wales.
3. 2.3 References to any acts or statutes or any by-laws, orders or regulations made thereunder shall
include all acts and statutes amending or consolidating them.
4. 2.4 Words importing the singular or plural number or masculine gender shall be read as also importing
the plural or singular number or the feminine or neuter gender as the case may require.
2.5 Where more than one person constitutes the Participant’s Representative all covenants, agreements and
stipulations on the part of the Participant herein contained or implied will be deemed to have been entered into
by such persons jointly and severally.
3 Purpose of this Agreement
3.1 You acknowledge and agree that by signing this Agreement, enrolling in or attending any of the
Provider’s Activities you have entered into a legally binding agreement with the Provider and agree to
be bound by these Terms and Conditions;
3.2 As such, you should seek independent legal advice and/or let us know if you have any queries
relating to this Agreement prior to signing should you have any questions or concerns.
4 Term
This Agreement will remain in force until terminated by either Party.
5 Supply of Activities
5.1 In consideration of payment of the Fees, we agree to provide you with access to the Activities
during the Activity Period.
5.2 Your safety is important to us, and as such, we will use our best endeavours to ensure that the
Activities are safe, hygienic and secure.
5.3 If at any time you become aware of an issue with the Activities, please notify us immediately.
5.4 The Activities offered by us are subject to change from time to time without notice to you.
5.5 Activities will be provided as and when agreed in writing by the parties from time to time.
5.6 The Participant may contact the Provider to book Activities, or book in accordance with clause 6 of
this Agreement.
5.7 The Provider will not provide Activities or support to any Participant who is under the influence of
alcohol, unprescribed or illicit drugs, and may refuse you access to the Activities if it is under the
impression you are under the influence of alcohol, unprescribed or illicit drugs.
6 Booking and Payments
6.1 The Participant is required to pre-book the Activities and pay the Fees in advance, as determined
by the Provider before attending the Activities.
6.2 Bookings can be made via www.cubsparenting.au. Alternative payment arrangements may be
available upon request. Please email cubsparenting@gmail.com for any enquiries related to NDIS
invoices and payment plans.
6.3 The Participant’s booking to attend the Activities will not be secured, until full payment of the Fees
for the Activity Period has been received by the Provider.
7 Cancellation
7.1 We are committed to providing our families with the opportunity to participate in the Activities,
however, are numbers are limited by our ratios. When a Participant cancels without adequate notice,
they prevent other families from participating in the Activities.
7.2 If the Participant cannot attend the pre-booked Activities on a particular day, the Participant will give
at least 48 hours notice before cancelling any booked session. Failing such notice, the Provider may issue
a refund to the Participant for the pre-booked and pre-paid Activities, at the Provider's sole discretion.
7.3 The Provider will not be able to issue a refund or credit to the Participant if they are unable to attend
a session, if they have pre-booked and paid for term Activity Period.
7.4 In the event that a Participant chooses to withdraw from Activity Period (for example, before the
completion of a term program) no refund, credits or transfer will be given.
7.5 We reserve the right to cancel the Activities, where minimum numbers are not being met. If
cancellation in this regard is required, we will issue the Participant with either a full refund, change of
booking or booking credit.
7.6 Bookings that were made for groups with 5 or more Participants will be required to provide more
than 7 days notice, if they wish to cancel. No refund will be given if a booking is cancelled within 7 days
of the schedule booking date.
7.7 In the unfortunate event that the weather compromises the safety of the Participant, the Provider
reserves the right to cancel the Activities. The Provider will use its best efforts to provide over 24 hours'
notice (or to find a suitable alternative location). If the Provider is required to cancel the Activities due to
the weather, the Provider will offer the Participant a credit.
7.8 If the Activity Period is cut short or cancelled halfway through the Activity Period due to weather, the
Provider will be unable to provide a refund or credit.
8 Age and Disability Requirement
8.1 If the Participant is under 18 and/ or has a diagnosed/recognised disability, a Parent or Guardian
must enter into this Agreement on the Participant’s behalf and agree to be bound by this Agreement and
comply with these Terms and Conditions;
8.2 The Provider will not administer any prescribed medication to the Participant. If the Participant
requires prescribed medication to be provided during the Activity Period, then the Participant's Parent or
Guardian must administer such medication to the Participant;
8.3 If the Participant is to be collected by a person other than the Parent or Guardian, the Parent or
Guardian must advise the Provider in advance in writing of the person’s full name. The person collecting
will be required to show a government issued photo identification prior to collection; and
8.4 All Participants are required to treat others with care and consideration and no abuse to the
Provider or other Participants will be tolerated.
9 Responsibilities of the Participant
9.1 The Participant agrees to:
i. Comply with any policies of the Provider, as updated from time to time;
ii. Treat the Provider and other participants with courtesy, kindness and respect;
iii. Pay the Fees required for the Activities to the Provider prior to attending the Activities;
iv. Keep the Provider informed of any changes in personal circumstances that may affect the delivery of
Activities;
v. Wear the appropriate, non-offensive, non-discriminative attire and footwear. Enclosed footwear is to
be used when participating in our bushwalks.
vi. The following items must be brought/worn when attending the Activities:
1. All year:
1. Closed in shoes: Aqua shoes, canvas slip-ons or runners that are able to dirty.
2. Long pants (recommended but not mandatory due to heat);
3. Sleeved shirt (no singlets for sun safety);
4. An emergency change of clothes and shoes;
5. Sun hat
6. Sunscreen.
2. In Winter/ Colder Months:
1. A warm jumper
2. Beanie
vii. Not bring, or consume any tobacco, illicit drugs or alcohol onto or near any of the Provider’s locations;
viii. Not attend any of the Provider’s Locations if they are affected by alcohol or drugs, including
prescription medication if in any way the consumption of such medications impairs their capacity to
attend the Activities;
ix. Communicate with the Provider in a timely manner if the Participant has any concerns about the
Activities being provided; and
x. Give the Provider the required notice if the Participant seeks to end this Agreement.
10 Responsibilities of the Provider
10.1 The Provider agrees:
i. Communicate clearly, openly and honestly;
ii. Treat the Participant and any of the Participants representatives with courtesy and
respect;
iii. Provide a high level of care for the Participant;
iv. Consult the Participant on decisions regarding how Activities are provided;
v. Protect the Participant’s privacy and confidential information as required by the Act, the
Privacy Act 1988;
vi. Advise the Participant of any delays in the delivery of Activities; and
vii. Keep accurate records of the Activities provided to the Participant.
11 Confidentiality
11.1 The terms of this Agreement are confidential and not to be disclosed to any third party, except legal
advisors and relevant representatives for the parties, or as required by law.
12 Indemnity
12.1 The Participant hereby unconditionally and irrevocably indemnifies the Provider against any loss,
damage, claim or injury in connection with this Agreement or the obligations contained herein except
when such damage is due to negligence of the Provider.
12.2 The indemnity in Clause 12.1, includes but is not limited to, any Activities not being available to the
Participant.
13 Emergencies
13.1 In the case of an emergency, the Participant consents to the Provider taking reasonable steps to
engage medical personnel to carry out diagnostic and therapeutic processes as required.
13.2 The Provider is entitled to terminate Activities immediately and without notice if, in the absolute
discretion of the Provider, continuing such Activities would compromise anyone’s safety or the
reputation of the Provider. Such termination does not, without written notice under Clause 17.1,
terminate this Agreement.
13.3 If the Provider terminates Activities under Clause 13.2, the Provider may contact the Participant or
the Participant’s Parent or Guardian to arrange alternative Activities or assistance, if possible.
14 Privacy
14.1 From when the Participant enrols in the Activities, you will need to provide us with, and we will have
access to personal information about you including information relating to your (or your child’s)
health and financial details.
14.2 By entering into this Agreement, you consent to us collecting, using, disclosing and dealing with your
personal information in accordance with this clause. You consent to the transfer and storage of your
personal information outside Australia, and the disclosure and use of your personal information to
third-party providers inside and outside Australia.
14.3 You must tell us promptly if you change your contact or payment details or if there is a change to
other relevant personal information, including anything that may affect health or safety.
14.4 You understand that photos, films, videos, or audio recordings are sometimes taken of Participants
for promotional purposes. By signing this Agreement, you agree to allow the Participant’s image,
recording or likeness to be used for any legitimate purpose by us or by Cubs Parenting and you assign
your rights in any of these materials to Cubs Parenting. In the event that you do not want your
photos, films, videos or audio recordings to be used by Cubs Parenting, please email
cubsparenting@gmail.com.
15 Disputes
15.1 If the Participant or any other person (the Complainant) is unhappy with a situation or service, they
can lodge a complaint with the Provider by contacting the Provider directly.
15.2 The Provider will then deal with the complaint in the necessary way and offer a resolution (if
appropriate) at its sole discretion.
16 Termination and assignment
16.1 Either Party may end this Agreement by providing 7 days' written notice to the other party unless a
party seriously breaches this Agreement, whereby no notice will be required.
16.2 If an Activity Period (such a term basis) has been booked and pre-paid for, the Provider may not
provide the Participant with a refund or credit, at its sole discretion.
16.3 This Agreement is not to be assigned by the Participant, but it may be assigned by the Provider,
without providing notice to the Participant.
17 Notices
17.1 Means of giving Notice
Any notice or other communication in connection with this Agreement is taken to have been duly given when
made in writing and delivered or sent by post to the party to which such notice is intended to be given to such
address or email as may from time to time be notified in writing by one party to the other for the purposes of
this clause.
17.2 Hand Delivery
Any notice or other communication delivered by hand shall be deemed delivered on the handing of the notice
to other party or, where that party is not an individual, to a person working at the address specified if delivered
on a Business Day within ordinary business hours in that place, but if not, then at 8.30 am on the following
Business Day.
17.3 Receipt after Posting
Any notice or other communication sent by post shall be taken to have been received at the expiration of 5
Business Days after the date of posting.
18 Entire Agreement
18.1 This Agreement constitutes the entire agreement between the parties relating in any way to its subject
matter.
18.2 The Parties acknowledge they have had an opportunity to seek independent legal advice and negotiate
the terms of this Agreement, prior to entering this Agreement.
18.3 The Parties agree that any changes to this Agreement will be in writing, signed and dated by the
Parties.
18.4 Your use of our website, Activities, this Agreement and any dispute arising from such use is subject to
the laws of New South Wales, Australia.
ANNEXURE A – ACTIVITY WAIVER & RELEASE
The Participant agrees that by accepting an offer to participate in some or all of the recreational activities
provided by the Provider, the Participant has read, understood, approved and agrees to the following
provisions: -
In this Activity Waiver & Release, the expression ‘recreational Activities’ may include, but are not limited to, and
are not required to, include activities such as: -
• Our Curious Cubs Playgroup activities will have nature-based themes. Acitvties will be held indoors and
outdoors. They will include activities such as: nature crafts, eco arts, gardening, bushwalking and bush
cooking, loose parts play, sensory play nature hunts, sustainability education, outdoor games, story
time (oral storytelling and books).
• Our Self-Expression Program will be held mostly indoors with the occasional outdoor activity. Activities
will include imaginative play musical instruments, sing-alongs, mask making, puppet play, socioemotional
learning, dress-ups, open-ended play story time (oral storytelling and books), mindfulness,
eco arts/crafts and small world play.
• And any other recreational activities, including but not limited to, dangerous recreational activity,
offered by the Provider from time to time.
References to the Provider include the officers, employees, agents, representatives and contractors of
the Provider.
References to the Participant include the participant and the participant’s
representative/parent/caregiver.
References to “dangerous recreational activity” have the same meaning as that provided in the Civil
Liability Act 2003 (Qld) s.18 which is "an activity engaged in for enjoyment, relaxation or leisure that
involves a significant degree of risk of physical harm to a person."
This Activity Waiver & Release applies to all recreational Activities the Participant has participated in, is
participating in and will be participating in, at any time of being a Participant of the Providers.
At all times, the Participant: -
1. Accepts that all recreational Activities contain a degree of risk, and dangerous recreational activities
contain a high degree of risk, and acknowledges that under the Civil Liability Act 2003 (Qld) s19(1): “a
person is not liable in negligence for harm suffered by another person as a result of the materialisation
on an obvious risk of a dangerous recreational activity engaged in by the person suffering harm”.
2. Expressly agrees to assume the risk of personal injury to their own person and to a person for whom
they are responsible for supervision and care while participating in recreational Activities offered by
the Provider.
3. Agrees to follow the directions of the Provider at all times to ensure the safety of not only the
Participant, but also other participants and/or the Provider, and agrees to listen to instructions and
briefings and to seek advice or clarification if any instruction or brief is not understood.
4. Agrees to wear appropriate clothing for each activity.
5. Confirms that the Participant has no condition or injury that could be worsened or affected by the
recreational Activities in a detrimental way to the Participant’s health.
6. Confirms that the Provider is not responsible for aggravation to any existing condition or injury
whether disclosed to the Provider or not.
7. Agrees, acknowledges and understands that some or all of the recreational Activities are physically
strenuous activities, and that physical exertion is to be expected.
8. Agrees, acknowledges and understands that if the Participant is injured in any way, no matter how
severely, including but not limited to death, the Participant expressly accepts the risk of participating in
the recreational Activities and will not hold the Provider responsible for any such injury or death.
9. Confirms that the Participant is either: -
a) Over the age of 18 years of age and capable of giving consent; or
b) Is permitted to participate in the recreational Activities by the Participant’s representative who has
signed this Activity Waiver & Release.
10. Agrees, acknowledges and understands that pursuant to Competition and Consumer Act 2010 (Cth)
s139A, the guarantee given (under Competition and Consumer Act 2010 (Cth) s64) is excluded with
respect to the supply of recreational Activities, but the exclusion, restriction or modification is limited
to liability for: -
a) Death; or
b) A physical or mental injury of an individual (including the aggravation, acceleration or
recurrence of such an injury of the individual); or
c) The contraction, aggravation or acceleration of a disease of an individual; or
d) The coming into existence, the aggravation, acceleration or recurrence of any other condition,
circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in
relation to an individual:
i. That is or may be harmful or disadvantageous to the individual or community; or
ii. That may result in harm or disadvantage to the individual or community.
11. Indemnifies the Provider against all Claims, losses or expenses that may be made by any person by, or
on or behalf of, the Participant.
12. Consents to any medical treatment which may be considered necessary by the Provider in the event of
injury or illness during the recreational Activities and indemnifies the Provider in respect of the cost of
any such medical aid or treatment.
13. Agrees, acknowledges and understands that the Provider may cancel or re-schedule any recreational
service/s at any time due to weather, participant numbers and/or any other unforeseen reason or
event at its absolute discretion.
14. Agrees, acknowledges and understands that this Activity Waiver & Release is a Deed governed by the
laws of New South Wales and the Commonwealth of Australia.