COMMERCIAL TERMS AND CONDITIONS OF ATTENDANCE AT WILDERNESS CLUB

GENERAL

  1. These terms and conditions set out the contract between Wilderness Club and the Parent or legal Guardian (referred to as the “Parent”) with respect to your child (or children’s) attendance at Wilderness Club out of school and holiday club, as set out in the enrolment details on the front page of this document. 
  2. These terms and conditions should be read in conjunction with the enrolment details. In the event of any inconsistency between the terms and conditions and the enrolment details, the enrolment details shall prevail. 
  3. Brilliant Play CiC is a community interest company with company registration number 08971574 and registered office at Marble Hill Playcentres, Marble Hill Park, RichmondRd, Twickenham, TW1 2NL, with contact email info@brilliantplay.co.uk. It operates from The Wilderness, which it occupies under the terms of a licence with Hampton Wick Infant School.. 

REGULATION 

  1. Wilderness Club is registered with Ofsted and operates in compliance with applicable law and regulation.  Inspectors regularly visit Wilderness Club to ensure the appropriate standards of care are being provided.

FEES 

  1. The fees payable in respect of your child / children’s place at Wilderness Club are set out in the enrolment details. 
  2. All fees are payable termly in advance, within 7 days of the delivery of an invoice unless we have approved a payment plan.
  3. In the event that any fees are unpaid for more than 7 days, or payments are not made on time according to any payment plan we reserve the right to exclude your child from Wilderness Club temporarily until such fees are paid in full. Please contact us at the earliest opportunity if you are experiencing any difficulties.
  4. In the event that you request any additional attendance for your child during a term, it may only be provided subject to availability, and it will be invoiced in arrears. 
  5. Fees are determined on the basis of your bookings, and not attendance. No refund or credit will be provided for sessions missed due to ill health or otherwise. 
  6. If we cancel a session due to high winds we will credit you for a future session.
  7. We reserve the right to increase fees at any time by providing one months’ notice in writing. 

TERM,  TERMINATION AND REFUNDS

  1. This contract shall commence on the date of signature, or the childs’ first day at Wilderness Club, whichever shall take place first. 
  2. If you booked online or over the telephone, you have a legal right to change your mind about this contract within 14 days of the date of confirmation, however you cannot cancel your booking(s) once your child has started attendance. 
  3. If you change your mind about a booking you made online or by telephone within 14 days of booking it, and without your child’s attendance starting, please contact us. We will refund you as soon as possible by the method you used for payment. We don’t charge a fee for the refund.
  4. If you wish to make changes to your booking we will charge an admin fee where applicable.
  5. It is your responsibility to ensure your booking is complete and you have received booking confirmation.
  6. If you wish to withdraw your child from Wilderness Club, you must provide no less than 4 weeks’ written notice. If you would prefer to withdraw your child immediately, you will still be required to pay the fees in full during this notice period. 
  7. If you wish to cancel a holiday club booking the following will apply; if we are able to fill your places from a wait list we will process a refund less our admin fee, you make a take a full value credit note for a future holiday camp which is valid for 12 months, you may take a refund less 10% of the total booking value.
  8. If you wish to increase or decrease your child’s attendance, we will also require 4 weeks’ written notice. In the event that we are able to facilitate an increase in attendance in less than 4 weeks, we shall, subject to payment of the amended fees. 
  9. We reserve the right to suspend or terminate care of any child without notice, where we reasonably consider it to be necessary for the overall safety and well-being of staff and/or other children in our care. We will always work towards enabling access where possible after a review of risk benefit assessments.
  10. We may terminate this contract for any reason by providing no less than 4 weeks’ written notice. 

OPERATING HOURS 

  1. Wilderness Club is open term time afterschool 3.15-5.15pm. Our holiday club hours are core hours of 10.30-2.30pm with early drop off from 9.30am and late pick up at 3,30pm. This does not include any bank holidays or other public holidays. 
  2. Please inform us immediately if you will be late collecting your child. Any repeated collection after the end of the booked session will incur a fee of £10 per 15 minutes commenced. 
  3. You must notify the club before the start of term time session if you are collecting your child from school, or they will be attending another club on a day that they are booked to attend Wilderness Club. You will still be required to pay the fees in full for these booked sessions
  4. You must notify the club mobile if an unauthorised person will be picking up your child. Verbal or written (including texts) permission must be received before we will release a child to anyone who is not authorised on the registration form. 

ILLNESS AND MEDICAL REQUIREMENTS

  1. The Parent agrees that it is their responsibility to:
    1. notify the club mobile as soon as possible if your child has a contagious illness, and observe the exclusion period for infection control issued by Public Health England; and
    2. keep info@brilliantplay.co.uk informed of any alterations to the child’s information, including (but not limited to) medical conditions and dietary requirements. 
    3. Ensure any emergency medication is provided for the session that the child attends ie epi pen/inhalers and that the medication section on the registration system is accurately filled out. All medication must be in date.
  2. The Parent agrees that, in the event of an accident or incident, Brilliant Play staff may provide first aid treatment and, if necessary, authorise any urgent medical treatment if we are unable to reach the Parent promptly. 
  3. The Parent understands and agrees that, while information regarding their child will be treated confidentially, in certain circumstances Brilliant Play CiC will be obliged by applicable law or regulation to share information about the child to other organisations, including the police, social care and healthcare professionals. 

DATA PROTECTION 

  1. Brilliant Play CiC shall treat any personal information relating to the Parent and child in accordance with applicable law and regulation, as set out in its privacy policy. 
  2. No photographs or video images shall be permitted to be shared, other than in accordance with the consent forms. 

POLICIES 

  1. We operate in compliance with the following policies, copies of which are available to you upon written request and freely accessible on our website www.brilliantplay.co.uk. It is your responsibility to familiarise yourself with the contents of the policies. 
  • Safeguarding Policy 
  • Behaviour Management Policy 
  • Privacy Policy 
  • Complaints Policy

ANCILLARY MATTERS 

  1. Any notice given to a party under or in connection with this contract shall be in writing and shall be:
    1. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or the address first noted above (for an individual); or
    2. sent by email to the address specified above. 
  2. Any notice shall be deemed to have been received:
    1. if delivered by hand, at the time the notice is left at the proper address; 
    2. if sent by next working day delivery service, at 9.00 am on the second business day after posting; or
    3. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.  Business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt. 
  3. This notice provision does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
  4. A person who is not a party to this contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
  5. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this contract must be made in writing and signed by both parties.
  6. No failure or delay by a party to exercise any right or remedy provided under this contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  7. All clauses, sub-clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this agreement be found invalid this will not affect the validity or enforceability of any other provision or of this contract as a whole.
  8. This contract, and the rights set out in it must not be assigned or novated by the Parent. [NAME] may assign or novate this contract as required, by giving written notice to the Parent.  
  9. This contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  10. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).

I have read and understood the terms and conditions and I agree to be bound by them and any other relevant booking terms and conditions that are issued from time to time.

Last updated: November 2023