1.1Events 4 All means Events 4 All Limited, its successors and assigns or any person acting on behalf of and with the authority of Events 4 All Limited.

1.2Parent means the person/s (legal guardian (or guardians) of the Child) requesting Events 4 All to provide the Services as specified in any invoice, document or order, and if there more than one person requesting the Services is a reference to each person jointly and severally.

1.3Child shall mean the Child enrolled with Events 4 All.

1.4Services means all services (including any incidental items, goods, materials created used or consumed) supplied by the Centre to the Parent and includes any advice or recommendations, and includes any advice or recommendations.

1.5Fee shall mean the cost of the Services (including any Goods and Services Tax (GST) where applicable) as agreed between Events 4 All and the Parent, subject to clause4of this contract.

2.1The Parent is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Parent accepts Services provided by Events 4 All.

2.2These terms and conditions may only be amended with the consent of both parties in writing and shall prevail to the extent of any inconsistency with the Enrolment Form, Fee Structure, any other document or agreement between the Parent and Events 4 All.

2.3None of Events 4 Alls employees, agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Director of Events 4 All in writing, nor is Events 4 All bound by any such unauthorised statements.

2.4Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 22 of the Electronic Transactions Act 2002 or any other applicable provisions of that Act or any Regulations referred to in that Act.

2.5The Parent acknowledges and accepts that Events 4 All shall not:

(a)tolerate any behaviour (including, but not limited to, violence and bad language) which impinges upon the physical or mental safety of supervisors or other children; or

(b)use physical punishment in the discipline of the Child or in managing the Childs behaviour.

2.6Any breach by the Child of Events 4 Alls behavioural policies shall result in the Parent being contacted and asked to make arrangements for the Child to be removed from the programme at the expense of the Parent. Any cost incurred as a direct result of the incident, shall be at the expense of the Parent.

2.7Events 4 All base activities and programmes on the belief that such activities and programmes are suitable for anyone reasonable fit and well. It is the Parents responsibility to advise Events 4 All at the time of booking of any medical condition, physical/mental disability or behaviour that requires any special treatment or attention. The Parent acknowledges and accepts that Events 4 All reserves the right to decline a booking on the grounds that safety of participants and staff could be comprised.

2.8Whilst Events 4 All is committed to providing safe programmes, activities and environments, there is an element of risk involved with all activities. The Parent acknowledges and accepts that by the Child participating in any of the activities provided, the Parent accepts such risk and Events 4 All and staff of Events 4 All shall not be held responsible for personal injury or loss or damage to belongings.

3.1The Parent shall give Events 4 All not less than fourteen (14) days prior written notice of any proposed change in the payment arrangements and/or any change (in circumstances from) to the details as outlined in the Enrolment Form; including, but not limited to, change of name, address, contact phone or fax number/s, the living arrangements of the Child and/or Parent, and/or any changes or developments in the Child's medical history or those who can collect the Child. The Parent shall be liable for any loss incurred by Events 4 All as a result of the Parents failure to comply with this clause.

3.2The Parent is obliged to contact Events 4 All if:

(a)there is any change in circumstances which may have a bearing on the amount of Fees to be paid and/or their eligibility for any OSCAR or other subsidy; and

(b)the Child uses another approved registered care service.

4.1At Events 4 Alls sole discretion the Fee shall be as indicated:

(a)on the Enrolment Form or otherwise specified, in respect of Services provided, and charged at Events 4 Alls current rates; or

(b)on any invoice provided by Events 4 All to the Parent.

4.2At Events 4 Alls sole discretion, an advance on the Fees (equal to two (2) full weeks of Fees) shall be required for each Child.

4.3Fees must be paid in full weekly unless the Parent is granted the Work and Income childcare subsidy. In this case, the Fee payable will be the total Fee due less the approved subsidy amount. It shall be the Parents responsibility to inform Work and Income of any changes in circumstances and/or care arrangements, and ensure Work and Income are fully informed of any benefit you may be receiving (e.g. the OSCAR subsidy). The Parent shall be responsible for any refund of benefits to Work and Income, including any loss Events 4 All has suffered as a result of any overpayment or over-allocation of subsidy hours.

4.4Parents are only charged only for the actual hours utilised with the exception of students from Makauri and Wainui which have a minimum requirement of two (2) hours per day. This shall also apply to OSCAR subsidies.

4.5Upon issuance of any invoice given to the Parent by Events 4 All, payment shall be due within seven (7) days.

4.6Fees remain payable in full for any statutory holidays, where the Child is absent through illness, where the Child is on holiday (subject to clause8.1(c)), or for any other reason.

4.7All Fees are to be paid in full prior to commencing a new term or holiday programme.

4.8At Events 4 Alls sole discretion, a late fee shall be charged where the Parent collects the Child on or after 5:40pm. Subject to review, the late fee is twenty dollars ($20) per half hour thereafter, per Child.

4.9Payment may be made by electronic/on-line banking, or by any other method as agreed to between the Parent and Events 4 All and a receipt shall be provided.

4.10The Parent shall not be entitled to set off against, or deduct from the Fees, any sums owed or claimed to be owed to the Parent by Events 4 All nor to withhold payment of any invoice because part of that invoice is in dispute.

4.11Unless otherwise stated the Fees do not include GST. In addition to the Fees, the Parent must pay to Events 4 All an amount equal to any GST Events 4 All must pay for any supply of Services by Events 4 All under this or any other agreement. The Parent must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Parent pays the Fee. In addition, the Parent must pay any other taxes and duties that may be applicable in addition to the Fees except where they are expressly included in the Fees.

4.12Receipt by Events 4 All of any form of payment shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Events 4 Alls ownership or rights in respect of the Services shall continue. Events 4 All shall issue a receipt to the Parent upon payment.

5.1The Child must be booked twenty-four (24) hours in advance of attending and must have completed an enrolment form in order to commence a programme.

5.2The Parent acknowledges and accepts that any information provided on the enrolment form can and will be shared with the Ministry of Social Development.

5.3The Parent acknowledges that any personal property (including, but not limited to, clothing, electronic devices, school materials and other items) must be marked with the Child's name. Events 4 All accept no responsibility for any loss or damage to personal property.

5.4Unless expressly requested otherwise in writing, the Parent permits the Child to participate in local community walks to the park, shops and library with other children and appropriate staff ratios. The Parent acknowledges that occasionally Events 4 All will have the opportunity to go on trips further afield. Events 4 All will inform the Parent beforehand and will give the Parent the opportunity for the Child to participate, in which the Parent will be required to fill in a consent form. Occasionally, a fee will be required for transport, entrance fees and any other applicable charges.

5.5Both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that Events 4 All is unable to supply the Services as agreed solely due to any action or inaction of the Parent then Events 4 All shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.

5.6Events 4 All shall ensure copies of Events 4 Alls Policies and Procedures shall be available for inspection at all times.

5.7Events 4 All offers programmes for a maximum of sixty (60) children per day per programme with the following adult/child ratios shall apply:

(a)1:10 when onsite;

(b)1:8 when on excursions; and

(c)1:6 with younger children and 1:8 for older children when near water.

 

6.1The Parent accepts and acknowledges that on half days and Teacher Only days, Events 4 All shall gauge the demand to provide additional Services to accommodate these days and shall provide such additional Services only if there is sufficient demand and is viable.

6.2Should Events 4 All provide additional services to accommodate half days and Teacher Only days, then Events 4 All shall advise Parents in advance of such additional Services and the associated Fee to be met by the Parent.

 

7.1The Child may be released into the care of either the Parent or a person (who is over the age of fourteen (14) years) into whose care a custodial Parent has signed permission for the Child to be released. This may include persons nominated as Emergency Contacts, persons nominated on the Enrolment Form to collect the Child, or persons nominated to collect the Child on specific occasions.

7.2The person collecting the Child (other than the Parent) may be required to produce proof of identity to satisfy Events 4 All of their bona fides before the Child will be released.

7.3If a Child is to walk or bike home from the programme, the Child must be over eight (8) years of age and consent must be provided by the Parent.

7.4Events 4 All staff will not be responsible for the removal of a child from Events 4 All by a non-custodial Parent or other person, however they will do all in their power to prevent this. In such a case, Events 4 All staff will make every effort to contact the custodial Parent and Police.

8.1It is the responsibility of the Parent to:

(a)inform Events 4 All if the Child has been ill within twenty-four (24) hours prior to intended attendance. Events 4 All shall be entitled to decide whether or not to accept the sick Child for care; and

(b)advise Events 4 All if a Child is to be absent (other than illness) as soon as possible; and

(c)provide Events 4 All with at least two (2) weeks notice of annual leave; and inform Events 4 All of the estimated length of the Child absence from Events 4 All.

8.2A Child will not be able to attend Events 4 All for any period of time during which:

(a)the Child is suffering from a disease or condition which is contagious through normal social contact; or

(b)a medical practitioner has recommended the Child not attend; or

(c)the Director of Events 4 All requests that the sick Child be kept away from Events 4 All because the Child requires care which Events 4 All staff resources do not provide.

9.1The Parent must provide Events 4 All with the names and addresses of two (2) responsible persons over the age of eighteen (18) who can collect the Child in case of an emergency or illness. When contacted by Events 4 All Director or their delegate, the Parent (or a responsible person authorised by the Parent) must go immediately to Events 4 All to collect the sick or injured Child.

10.1Where the Child requires the administration of medication, the Parent will provide:

(a)written permission for Events 4 All to administer the medication; and

(b)the correct medication in its original container, and clearly labelled with the Childs name; and

(c)written instructions from a medical practitioner for the administration of non-prescription medication; and

(d)the name and contact phone number of the Childs doctor.

10.2Events 4 All staff are authorised to administer medication only in accordance with the Parents written authority. In doing so, Events 4 All staff will be regarded as acting as the Parents agent. Staff shall not be liable for any allergic reaction or injury caused to the Child by the administration of the medication in accordance with the Parents written authority. Nor will they be responsible for any error contained in the written permission, or the supply of incorrect medication by the Parent.

10.3The Parent agrees for Events 4 Alls staff to administer one (1) dose of Paracetamol in the event of the Childs body temperature rising above 37.5C. Events 4 Alls staff shall make contact with either the Parent or the Emergency Contacts to advise that Paracetamol is being administered and discuss at the time further actions to take in the event that the temperature does not subside within an appropriate timeframe.

11.1Whilst every reasonable effort shall be made by Events 4 All to contact the Parent (or Emergency Contacts) in the event of an accident or emergency, the Parent hereby gives authority to the Director or their delegate to, on behalf of the Parent, authorise the administration of medication, transportation to hospital and administration of treatment as is recommended by the Child's doctor, any attending doctor, ambulance officer, police or Government Officer. The Parent will be responsible for any costs incurred as a result of transportation or treatment.

12.1The Parent gives permission to Events 4 All for the application of non-ingested preparations, such as sunscreen protection, insect repellent and treatment, and antiseptic, to the Child when appropriate. In the event any Child is allergic to certain brands of non-ingested preparations, the Parent must supply a brand that is safe for Events 4 All to use.

13.1By law, Events 4 All staff are mandatory reporters, and as such, are obliged to report any suspected incidents of child abuse or mistreatment to the appropriate local authority.

14.1Should the Child be the subject of any court action, particularly custody or access issues, being heard before the Courts, Events 4 All shall not allow staff to issue statements or provide reports regarding the Child, except where instructed to do so by the Court itself.

15.1Where Events 4 All has designed, drawn, written, or created educational systems, techniques and curriculum in relation to the Child, then the copyright in those designs, drawings, documents, systems, techniques and curriculum shall remain vested in Events 4 All, and shall only be used by the Parent at Events 4 Alls discretion.

16.1Unless expressly requested otherwise in writing, the Parent permits Events 4 All to photograph or video record the Child for quality assurance, documentation, promotional or marketing purposes (including newsletters and slideshows, and DVDs for display in the centre and/or gifts to parents), or to be used within Events 4 All (as well as on the Events 4 All Website), and/or local and national newspaper stories.

 

17.1The Parent shall be entitled to report any concern they may have in relation to the Services, any matters of safety, care or quality, or where the Parent wishes to make a suggestion. These shall be addressed with the appropriate staff member of Events 4 Alls, or if the complaint it in relation to any of the staff, to the Director of Events 4 All, where in most incidences the issue can be rectified.

17.2Verbal complaints will be verbally acknowledged by Events 4 All and a timeframe specified on when a response will be provided to the complainant. Written complaints will be acknowledged by Events 4 All in writing within forty-eight (48) hours of receiving the complaint.

17.3Where the complaint is in relation to any staff member of Events 4 All:

(a)the complaint, and the identity of the complainant, will be kept confidential between the parties concerned;

(b)a written record of events may be required to be documented by the staff of Events 4 All in order to authenticate the complaint;

(c)all compiled written information will be supplied to the Director of Events 4 All to enable an informed decision to be made regarding the complaint;

(d)the complainant and applicable staff member(s) will be advised of the outcome of the investigation and any disciplinary action, which will be managed in accordance with the Business Rules and/or Individual Employment Contract;

(e)in the event the complainant is unsatisfied with the outcome of the investigation, Events 4 Alls management and the complainant shall confer to discuss the matter further;

(f)if the complainant is still not satisfied with the outcome, then a formal complaints can be made to the Ministry of Social Development.

18.1If the Parent owes Events 4 All any money the Parent shall indemnify Events 4 All from and against all costs and disbursements incurred by Events 4 All in recovering the debt (including but not limited to internal administration fees such as late payment fees, legal costs on a solicitor and own client basis, collection agency costs, and bank dishonour fees).

18.2Further to any other rights or remedies Events 4 All may have under this contract, if a Parent has made payment to Events 4 All, and the transaction is subsequently reversed, the Parent shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Events 4 All under this clause18where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Parents obligations under this contract.

18.3Without prejudice to Events 4 Alls other remedies at law Events 4 All shall be entitled to cancel all or any part of any order of the Parent which remains unfulfilled and all amounts owing to Events 4 All shall, whether or not due for payment, become immediately payable if:

(a)any money payable to Events 4 All becomes overdue, or in Events 4 Alls opinion the Parent will be unable to make a payment when it falls due;

(b)the Parent becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c)a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Parent or any asset of the Parent.

19.1Without prejudice to any other remedies Events 4 All may have, if at any time the Parent is in breach of any obligation (including those relating to payment) under these terms and conditions Events 4 All may suspend or terminate the supply of Services to the Parent. Events 4 All will not be liable to the Parent for any loss or damage the Parent suffers because Events 4 All has exercised its rights under this clause.

19.2If the Child is to be withdrawn from care, the Parent is to give notice to the co-ordinator at Events 4 All:

(a)twenty-four (24) hours prior to booking for the after school programme; or

(b)one (1) week prior to a holiday programme booking; and

(c)where the Parent has notified Event 4 All within the specified time period and has prepaid the payment for the programme, any credit shall go towards the next booking; and

(d)if a Child is withdrawn without notice, the advance fee will be forfeited. Notice of withdrawal will be accepted during Events 4 Alls standard operating hours, and is effective from the date it is lodged with Events 4 All.

19.3Events 4 All may cancel these terms and conditions or terminate the Childs enrolment at any time by giving written notice to the Parent. Events 4 All shall not be liable for any loss (including, but not limited to, loss of income) arising from such termination.

20.1The Parent authorises Events 4 All (or their agent) to:

(a)access, collect, retain and use any information about the Parent;

(i)(including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Parents creditworthiness; or

(ii)for the purpose of marketing products and services to the Parent.

(b)disclose information about the Parent, whether collected by Events 4 All from the Parent directly or obtained by Events 4 All from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Parent.

20.2The Parent shall have the right to request Events 4 All for a copy of the information about the Parent retained by Events 4 All and the right to request Events 4 All to correct any incorrect information about the Parent held by Events 4 All.

21.1The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that partys right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

21.2These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Auckland Courts of New Zealand.

21.3Events 4 All shall be under no liability whatsoever to the Parent for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Parent arising out of a breach by Events 4 All of these terms and conditions (alternatively Events 4 Alls liability shall be limited to damages which under no circumstances shall exceed the Fees).

21.4The Parent agrees that Events 4 All may amend these terms and conditions by notifying the Parent in writing. These changes shall be deemed to take effect from the date on which the Parent accepts such changes, or otherwise at such time as the Parent makes a further request for Events 4 All to provide Services to the Parent.

21.5Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

21.6Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.