TERMS AND CONDITIONS
Nurturing Nannies (Pty) Ltd
(Baby, Toddler and Nanny Enrichment Classes)
1. DEFINITIONS
For purposes of this Agreement:
1.1 “Company” means Nurturing Nannies (Pty) Ltd, including their directors, franchisees, employees, contractors, facilitators, teachers, landlords and agents.
1.2 “Client” means the Parent, legal guardian, or authorised caregiver enrolling a Child.
1.3 “Parent” means the lawful guardian of the Child.
1.4 “Carer” means the responsible adult accompanying the Child. Classes are designed specifically for Nannies and children. Parents, guardians, or grandparents may not attend or observe classes in the absence of the nanny. This policy also applies to free trial classes.
1.5 “Child” means the minor participating in Classes.
1.6 “Classes” means baby/toddler enrichment sessions, messy play, sensory activities, workshops, pop-up classes, trial sessions and related activities.
1.7 “Premises” means any venue where Classes are conducted.
2. ACCEPTANCE OF TERMS
I understand and agree that:
2.1 As the Client, by completing an enrolment form, attending a trial session, or paying any fee, I:
• Confirm lawful authority to enrol the Child;
• Accept these Terms in full;
• Acknowledge that certain clauses limit liability in terms of Section 49 of the Consumer Protection Act (CPA).
2.2 My Child and Carer’s participation is entirely voluntary.
3. NATURE OF SERVICES
I understand and agree that:
3.1 Nurturing Nannies provides structured baby and toddler enrichment Classes that are recreational and developmental in nature and are not medical, therapeutic, childcare, diagnostic, or supervisory services.
3.2 The facilitator is not a childcare provider, guardian, or minder and that Nurturing Nannies does not assume custody, supervision, or control of any Child at any time.
3.3 There is no guarantee made regarding developmental outcomes.
4. CARER RESPONSIBILITY
I understand and agree that:
4.1 Each Child must be accompanied at all times by a responsible Carer and the Carer retains full supervision, control, and responsibility for the Child for the entire duration of the Class. The Company accepts no duty of supervision.
4.2 The Carer is solely responsible for:
• The Child’s safety and wellbeing;
• Preventing injury;
• Preventing damage caused by the Child;
• Managing allergies, medical needs and behaviour;
• Ensuring appropriate clothing for messy play activities.
4.3 The Classes are designed for the Child and Carer and Parents or guardians may not attend or observe classes in place of the Carer unless authorised in writing by the Company. This also applies to trial Classes.
5. HEALTH, MEDICAL & VACCINATION
I understand and agree that:
5.1 The Carer has been informed of all allergies and medical conditions affecting the Child and is responsible for carrying and administering all emergency medication.
5.2 All relevant medical information has been disclosed and that the Child is vaccinated in accordance with applicable public health guidelines and may be required to provide proof.
5.3 My Child or Carer may not attend if suffering from a contagious illness and that the Company may refuse attendance where a health risk exists.
5.4 The Company does not administer medication unless expressly agreed in writing.
6. MEDICAL EMERGENCIES
I understand and agree that:
6.1 In the event of a medical emergency, the Company may:
• Contact emergency services;
• Contact the Parent;
• Take reasonable steps in the Child’s best interest.
6.2 All medical costs incurred remain the Parent’s responsibility.
7. IMPORTANT NOTICE – ASSUMPTION OF RISK & INDEMNITY
I understand and agree that:
7.1 Participation in Classes may involve:
• Physical activity
• Play equipment
• Sensory materials
• Messy play
• Interaction with other children
These activities carry inherent risks including:
• Slips and falls
• Minor injuries
• Allergic reactions
• Accidental child-to-child contact
7.2 Participation is voluntary and at the Client’s own risk.
7.3 The Parent and Carer voluntarily assume all inherent risks.
7.4 To the fullest extent permitted by law, the Company shall not be liable for:
• Minor injuries sustained during participation;
• Loss, theft, or damage to personal property;
• Damage to vehicles at or near the Premises;
• Indirect or consequential loss.
7.5 The Client indemnifies and holds harmless the Company against any claim arising from:
• Participation in the Classes;
• The Child’s behaviour;
• Acts or omissions of the Carer;
• Failure to disclose medical information;
• Venue-related incidents;
• Breach of these Terms.
8. VENUE & PROPERTY
I understand and agree that:
8.1 Classes may be conducted at third-party venues.
8.2 The Company is not liable for:
• Theft or loss of property;
• Parking-related incidents;
• Structural defects at third-party venues.
8.3 Equipment is used at participant risk.
9. FEES AND PAYMENT
I understand and agree that:
9.1 Fees are payable in advance and non-refundable except as required under the CPA.
9.2 The Company may suspend participation for non-payment.
9.3 The Company may increase fees upon reasonable notice.
10. ATTENDANCE, MAKE-UPS & NO-SHOWS
I understand and agree that:
10.1 Missed Classes may only be made up within the same term, subject to availability.
10.2 A maximum of two (2) make-up Classes per term is permitted.
10.3 No make-up Classes are available for Pop-Up Classes.
10.4 No-shows result in forfeiture. Make-up Classes are only granted if absence is communicated at least one (1) hour prior to Class.
11. CANCELLATION & CPA COMPLIANCE
I understand and agree that:
11.1 The Client may cancel by written notice, with a minimum of thirty (30) days’ written notice required to terminate attendance.
11.2 Failure to provide required notice renders the Client liable for the remainder of the term’s fees.
11.3 The Company may charge a reasonable cancellation fee in accordance with Section 17 of the CPA, considering:
• Notice period;
• Ability to fill the space;
• Administrative costs.
11.4 If the Company cancels a Class, a make-up session or credit will be offered.
12. CODE OF CONDUCT
I understand and agree that:
The Company may refuse or terminate participation where:
• A Child poses a safety risk;
• A Carer behaves aggressively or inappropriately;
• There is persistent non-compliance.
No refund will be issued in cases of serious misconduct.
13. PHOTOGRAPHY & MEDIA
I understand and agree that:
13.1 Photographs or videos may be taken for educational or marketing purposes.
13.2 Written consent will be obtained in compliance with POPIA.
13.3 Consent may be withdrawn in writing.
14. PROTECTION OF PERSONAL INFORMATION (POPIA)
I understand and agree that:
14.1 Personal information is collected for:
• Enrolment and administration;
• Safety and emergency contact;
• Legal compliance.
14.2 Information is securely stored and not sold and Clients may request access, correction, or withdrawal of consent (subject to legal limitations).
15. FORCE MAJEURE
I understand and agree that:
The Company shall not be liable for failure to perform due to events beyond its control, including:
• Government restrictions;
• Natural disasters;
• Public health emergencies;
• Venue unavailability.
Classes may be rescheduled or moved online where possible.
16. INTELLECTUAL PROPERTY
I understand and agree that:
All curriculum content, materials, branding and resources remain the intellectual property of Nurturing Nannies (Pty) Ltd and may not be reproduced without written consent.
17. FRANCHISE OPERATIONS
I understand and agree that:
17.1 Certain Classes may be operated by franchisees.
17.2 Franchisees operate under licence from Nurturing Nannies (Pty) Ltd.
17.3 These Terms apply to both franchisor and franchisee where applicable.
ACKNOWLEDGEMENT & SIGNATURE
By completing and submitting this enrolment form, I confirm that:
• I have read and understood these Terms and Conditions;
• The limitation of liability and indemnity clauses were specifically drawn to my attention;
• I voluntarily agree to be bound by these Terms.