Terms and Conditions
A completed and signed copy of our electronic enrollment is required before a child and Carer will be admitted to the Nurturing Nannies’ Classes and Play Group. Creative Caregivers operates under the Nurturing Nannies License. Should an electronically signed copy not be received, attendance at a class will provide agreement of the terms and conditions laid out in this document.
"Carer" means the person / persons who attend the course or any part of it, with the pupil,
"Parent" means a parent or legal guardian who will be responsible for the payment of the Fees and who is the contracting party to this contract,
"Nurturing Nannies" means the company with whom you have entered into this agreement,
"Course" means the Nurturing Nannies program your child and carer are attending or enrolling on,
"Enrolment Form" means the form relating to the enrolment or re-enrolment of the child on the course,
"Fee" means the monetary cost per course as specified on the enrolment form,
"Teacher" means the individual(s), allocated to teach the Course offered by Nurturing Nannies. Whilst every effort will be taken to maintain the consistency of the Teachers during the Course, Nurturing Nannies unreservedly retain the right to change the teaching staff where necessary.
"Premises" means the premises where the Course takes place
"Child" means the child (aged between 1 year and 3 years) or baby (aged between 4 months and 12 months) attending the Course, whose details are specified by the Parent or Carer on the Enrolment Form,
“Terms" means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Nurturing Nannies and the parent on the enrolment form.
The title "Nurturing Nannies" where used in this document refers to the Business and/or Franchise running the Nurturing Nannies course you are attending or enrolling on and no other entity in the Nurturing Nannies Group.
2. Acceptance of Terms and Conditions.
All agreements relating to the teaching of the Course by Nurturing Nannies to the Child and Carer are subject to these Terms to the exclusion of all other terms and conditions.
No variation or addition to the Terms shall be binding unless agreed in writing by Nurturing Nannies and the Parent.
The Terms shall be deemed to have been accepted by the Parent upon attendance at our classes and/or payment of all or part of the Fee by or on behalf of the Parent. Payment for the Carer shall be deemed to have been made by the Parent.
The Parent and/or Carer agrees to keep the content of the Nurturing Nannies Course confidential and not to copy or use any aspect of the Nurturing Nannies Program directly or indirectly. The Parent and/or Carer agrees not to directly or indirectly manage, operate or assist in the organization of any business which competes with Nurturing Nannies while the Child and Carer is a member of Nurturing Nannies and for a period of two years afterwards.
3. Fee and Payment.
The Parent shall pay the whole Course Fee to Nurturing Nannies prior to the Pupil and Carer commencing the Course or after their first trial class, unless an alternative arrangement has been made in writing with Nurturing Nannies.
The Fee is non-refundable under any circumstances whatsoever except with the prior written agreement from Nurturing Nannies, unless the Child and Carer have attended the first class of their Course and given notice that they will not be continuing to attend classes within 24 hours of attending the first class, in which case the Course fees will be refunded in full within 30 days. An admin fee may apply.
If classes are cancelled as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, etc), strikes, terrorist activity, or where local authorities/public guidance advise that classes should be temporarily suspended for health or other reasons, then no refunds will be given and it will not be permitted to defer classes during the affected period.
Nurturing Nannies may cancel this contract at any time before the Child and Carer commences the Course or during the course for any reason whatsoever. Nurturing Nannies shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event of cancellation by Nurturing Nannies prior to the commencement of the Course by the Child and Carer, Nurturing Nannies will refund any fees for outstanding classes within 30 days.
The Parent/Carer understands that sessions are to be used consecutively.
5. Parent's Responsibility.
The Parent warrants and represents that:
The information set out in the Enrolment Form (whether or not completed and/or signed by the Parent) is accurate in all respects and the Parent will notify Nurturing Nannies of any change in such information immediately.
When attending the Course, neither the Child nor the Carer will be suffering from any contagious illness, disease or anything similar thereto.
In the event of a medical emergency or otherwise, Nurturing Nannies or the responsible staff member is consented to employ the services of any emergency service, medical doctor, hospital or other competent person, any cost for such service will be borne by the Parent.
The Parent acknowledges and agrees that the Child shall be deemed to be under the direction, care and control of the Carer throughout the Course and the Carer shall be responsible for the welfare and conduct of the Child throughout the Course and whilst the Child is on the Premises.
The Parent shall indemnify and keep indemnified Nurturing Nannies against all loss (including loss of profit), liability, costs and expenses, which Nurturing Nannies shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Child.
5.4 It is the Parent’s responsibility to ensure that the child’s vaccinations are up to date and can provide the necessary Vaccination Documents if required.
In the event that Nurturing Nannies determines the behaviour of the Child,Carer and/or the Parent to be unacceptable, Nurturing Nannies shall be entitled to exclude the Child, Parent and the Carer (or either of them) from the Course and Premises permanently or for such period as Nurturing Nannies shall (in its entire discretion) determine. No fees will be refunded in such an instance.
The standard of behaviour which is to be regarded as unacceptable at a Course or on Premises shall be determined by Nurturing Nannies.
7. Exclusion of Liability
Except in the case of fraud and subject to clause 7 below, Nurturing Nannies, it's landlords, Teachers, employees and agents accept no responsibility or liability under any circumstances for any damage, death, illness, loss or injury (directly, indirectly, consequential or otherwise), expense or delay suffered or incurred by the Parent, the Child, Carer or any other party arising directly or indirectly or in any way connected with the attendance of the Child at the Course (or any part of it) or any other act or omission on the part of Nurturing Nannies or any of its Teachers, employees or agents even if such act or omission is grossly negligent. The terms of this agreement also covers any activity of the Course both on the Premises and any other such place where such activities are engaged in.
The Parent agrees (for and on behalf of the Parent, Carer and the Child) that any claim by the Parent, Carer or the Child against Nurturing Nannies or any coach, employee or agent of Nurturing Nannies must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be time-barred.
The Parent acknowledges, warrants and undertakes (for and on behalf of the Parent, Carer and the Child) that the maximum aggregate liability of Nurturing Nannies to the Parent, Carer and/or Child under these terms shall not exceed the Fee.
All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the gross negligence of Nurturing Nannies, its Teachers, employees or agents or affects the statutory rights of the Parent, Carer or Child.
Any notices to be sent by either party to the other shall be sent by email to the address as stated in the enrolment form of the relevant party and shall be deemed to have been received by the addressee within 48 hours of sending it. Nurturing Nannies do not accept service of documents by email or fax.
The failure by either party to enforce at any time or for any period any one or more of the obligations arising under these Terms shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms.
The Parent, in agreeing to the terms of this contract, consents to their data being shared with other companies in the Nurturing Nannies Group, Parents, Teachers or responsible persons engaged or authorized by Nurturing Nannies and the Parent for Course-related purposes,unless at any time we instruct the school in writingto the contrary.
These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is not contained herein shall be binding or form part of this Agreement.
Any disputes arising out of this agreement shall be determined by way of arbitration. Any such arbitration, shall be held under the provisions of current arbitration laws being enforced in the Republic of South Africa provided that, this arbitration shall take place informally and shall be chaired by a practicing attorney or advocate of no less than 10 (ten) years experience.