Terms & Conditions
Welcome to Little Earthlings Club. These Terms & Conditions and Liability Waiver (“Terms”) govern all bookings, attendance, participation, use of services, and attendance at any classes, sessions, workshops, pop-up events, nature play activities, sensory play activities, private events, and related services operated by the Business.
By making a booking, attending, participating in, or permitting a child to participate in any activity conducted by the Business, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms.
1. BUSINESS INFORMATION
These Terms apply to all activities and services conducted by Little Earthlings Club including its owners, directors, employees, contractors, facilitators, volunteers, representatives, agents, affiliates, and associated venues (“the Business”).
2. NATURE OF SERVICES
2.1 The Business provides sensory play, nature play, messy play, educational and recreational experiences designed for infants and children.
2.2 The Business is not a childcare service, daycare facility, medical provider, therapy provider, or supervised care facility.
2.3 Parents and guardians retain full responsibility for the supervision, care, conduct, safety, and wellbeing of children attending all activities at all times.
3. ELIGIBILITY TO PARTICIPATE
3.1 A parent or legal guardian must accompany all participating children unless otherwise expressly approved in writing by the Business.
3.2 The Business reserves the right to refuse entry, participation, or continued attendance to any person where participation may:
compromise safety;
disrupt activities;
create unreasonable risk to others;
breach these Terms; or
damage property or reputation.
4. PARENT/GUARDIAN RESPONSIBILITIES
4.1 The Parent/Guardian acknowledges and agrees that they:
remain solely responsible for supervising their child at all times;
must ensure children use equipment and materials safely;
must intervene where behaviour may present risk or disruption;
must comply with all safety directions given by the Business.
4.2 Children must not be left unattended under any circumstances.
4.3 The Business accepts no responsibility for supervision of participants.
5. ASSUMPTION OF RISK
5.1 The Parent/Guardian acknowledges that participation in sensory play, messy play, outdoor play, and nature-based activities inherently involves risks including, but not limited to:
slips, trips, falls, and collisions;
cuts, scratches, bruises, sprains, and minor injuries;
contact with natural elements including dirt, mud, sand, rocks, sticks, water, plants, insects, and uneven terrain;
allergic reactions;
choking hazards;
contamination from shared sensory materials;
exposure to weather conditions;
interaction with other participants.
5.2 The Parent/Guardian voluntarily assumes all risks associated with participation, whether foreseen or unforeseen.
5.3 Participation occurs entirely at the attendee’s own risk.
6. MEDICAL CONDITIONS, ALLERGIES & HEALTH DISCLOSURES
6.1 Parents/Guardians must disclose all relevant medical conditions, allergies, behavioural conditions, accessibility requirements, dietary restrictions, or additional support needs prior to attendance.
6.2 While reasonable precautions may be taken, the Business cannot guarantee:
allergen-free environments;
sanitised or sterile environments;
prevention of illness transmission;
elimination of naturally occurring hazards.
6.3 The Parent/Guardian acknowledges that participation may involve exposure to food products, sensory substances, natural materials, and shared equipment.
6.4 The Business accepts no liability for allergic reactions, illness, injury, or medical incidents except where liability cannot lawfully be excluded.
7. LIABILITY WAIVER AND RELEASE
7.1 To the fullest extent permitted by law, the Parent/Guardian:
releases the Business from all liability;
waives any present or future claim;
indemnifies and holds harmless the Business against any claim, loss, damage, liability, cost, expense, or legal proceeding arising directly or indirectly from participation in Activities.
7.2 This release includes, without limitation:
personal injury;
illness or disease;
property damage or loss;
psychological distress;
death;
economic loss;
consequential loss;
negligence of other participants.
7.3 The Parent/Guardian acknowledges that the Business would not permit participation without acceptance of this waiver.
7.4 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law where such exclusion is unlawful.
8. INDEMNITY
8.1 The Parent/Guardian agrees to indemnify and keep indemnified the Business against all claims, actions, liabilities, losses, damages, expenses, legal costs, and demands arising from:
acts or omissions of the Parent/Guardian or Participant;
breach of these Terms;
misuse of equipment or facilities;
injury caused to another participant;
damage to property;
failure to comply with directions or safety instructions.
9. BOOKINGS, PAYMENTS & CANCELLATIONS
9.1 All bookings are subject to availability and confirmation.
9.2 Full payment may be required at the time of booking unless otherwise specified.
9.3 Fees are non-refundable except where required under Australian Consumer Law.
9.4 The Business may, at its absolute discretion, provide credits, transfers, rescheduled sessions, or alternative arrangements.
9.5 Failure to attend does not entitle attendees to refunds, credits, or transfers.
10. WEATHER, VENUES & FORCE MAJEURE
10.1 Activities may be cancelled, relocated, postponed, shortened, or modified due to:
weather conditions;
venue issues;
government restrictions;
safety concerns;
illness;
natural disasters;
events beyond reasonable control.
10.2 The Business shall not be liable for losses arising from cancellations or changes outside its reasonable control.
11. PHOTOGRAPHY, VIDEO & MEDIA CONSENT
11.1 The Parent/Guardian consents to photographs, video recordings, and other media being captured during activities.
11.2 The Business may use such material for:
social media;
advertising;
promotional campaigns;
websites;
printed marketing;
educational and business purposes.
11.3 No compensation is payable for such use.
11.4 Parents/Guardians who do not consent must notify the Business prior to attendance.
12. PERSONAL PROPERTY
12.1 Attendees bring personal belongings entirely at their own risk.
12.2 The Business accepts no liability for lost, stolen, or damaged property.
13. SAFETY & CONDUCT
13.1 The Business reserves the right to remove or refuse entry to any person engaging in:
aggressive behaviour;
unsafe conduct;
abusive language;
harassment;
intoxication;
disruptive behaviour.
13.2 No refund will be provided where removal is necessary for safety or operational reasons.
14. EMERGENCY MEDICAL TREATMENT
14.1 In the event of illness, injury, or emergency, the Parent/Guardian authorises the Business to obtain emergency medical treatment where reasonably necessary.
14.2 Any medical or associated costs remain the sole responsibility of the Parent/Guardian.
15. PRIVACY
15.1 Personal information collected by the Business will be handled in accordance with applicable Australian privacy laws.
15.2 Information may be collected for:
booking administration;
emergency contact purposes;
safety management;
communication regarding services.
16. INTELLECTUAL PROPERTY
16.1 All branding, logos, designs, content, images, activity concepts, documents, and materials created by the Business remain the intellectual property of the Business unless otherwise stated.
16.2 No material may be reproduced, copied, distributed, or commercially used without prior written consent.
17. GOVERNING LAW
17.1 These Terms are governed by the laws of Queensland, Australia.
17.2 Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland.
18. SEVERABILITY
18.1 If any provision of these Terms is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.
19. ENTIRE AGREEMENT
19.1 These Terms constitute the entire agreement between the parties and supersede all prior discussions, representations, understandings, or agreements.
20. ACCEPTANCE
By booking, attending, participating, or permitting participation in any activity conducted by Little Earthlings Club, you acknowledge that you:
have read and understood these Terms;
voluntarily agree to be legally bound by them;
accept all risks associated with participation;
release and indemnify the Business to the fullest extent permitted by law.