Terms and Conditions

If you purchase a service offered by this website (Site)  and / or THE YARD NEWCASTLE ABN 650 135 596 67, you agree to these terms and conditions. Please read these terms and conditions carefully and immediately cease using our site or proceeding with bookings if you do not agree.

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By accepting this agreement on behalf of yourself and for any person under the 18 as the parent or guardian of that child, you:

• Acknowledge that you have read and agree to comply with and be bound by: 

  • The Yard Newcastle non-smoking and zero Drug and Alcohol Policy;

  • The Yard Newcastle Code of Conduct;

  • The Yard Newcastle Waiver of liability;

  • The Yard Newcastle Privacy Policy; and

  • The Yard Newcastle Cancellation and Pricing Policy.  

• Represent and warrant that all information provided to The Yard Newcastle at the time of enrolment and attendance was accurate and complete and not misleading and that you included all information that may impact on yours or your child/children’s abilities to undertake activities.

• Agree as a parent or guardian to supervise your child where The Yard Newcastle are not responsible for supervision, including but not limited to if attending a parent and child program or for a child under the age of seven attending any The Yard Newcastle Program.

• Agree to not to endanger yourself or other venue users by acting in an unruly or dangerous manner or by the unsafe or unsupervised use of equipment.

• Agree to wear appropriate attire and footwear at all times. Enclosed footwear is to be worn when using tools and around fire.

• Agree the care and responsibility of personal property is the responsibility of the owner.

• Acknowledge and agree The Yard. Newcastle and their directors, officers, employees and agents reserves the right to refuse entry or remove people from the premises who do not obey rules and policies, lawful directions of staff, or who create a danger to other venue users.

• Acknowledge and agree The Yard. Newcastle and their directors, officers, employees and agents reserve the right to refuse service to anyone for any reason at any time.

• Acknowledge during The Yard. Newcastle programs children and adults may have access to tools such as whittling knives, hand saws, bow saws, hammers and hand drills and agree to any specific safety protocol including but not limited to the wearing of safety glasses or gloves. 

• These terms and conditions, together with our code of conduct and policies, shall constitute the entire agreement between you and The Yard Newcastle in relation to the provision of our services and shall supersede all previous agreements between you and The Yard Newcastle, communications and proposals, whether oral or written, including, but not limited to, any prior versions of the terms and conditions.

• The Yard. Newcastle may revise these terms and conditions from time to time.

• If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect. If any unlawful or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

• Failure of The Yard. Newcastle to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

• These terms and conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. 

• Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts operating by the laws of Australia and in the State of New South Wales and any courts entitled to hear appeals from those courts.

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Product and Services

We offer a range of products and services, including but not limited to those booked and purchased by this site.

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Services

MAKE Program

Our MAKE program (MAKE) operates weekly at 1 hour 30 min intervals for a period of 10 weeks. Our program is designed to incorporate learning by age-appropriate sensory stimulation and is programmed by appropriately qualified Early Educators. Term commitment is required to join the program. 

 

The program is designed for children ages 2 - 11 years old. However, we are all inclusive and do not impose age restrictions.  However, age restrictions are not imposed. These sessions are capped at 20 children. Please consider this when booking.

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Make Weekends

We host casual play days, most commonly referred to as “Make weekends” events, during weekends. Make weekends are large scale, open ended play experiences, offered to children of all ages. Age restrictions are not imposed. These sessions are capped at 20 children. Please consider this when booking.

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Workshop Events

We host a range of workshop style events, during school holidays and occasionally weekends. Age restrictions are not imposed. Please consider this when booking.

 

Private Events

We host private events, for birthday parties, local council, private enterprise, etc. Private events are discussed on an individual basis.

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Other Information

Our services deliver a range of play based learning experiences. These experiences comprise of, but are not limited to, the following: 

• food based products

• artificial food colouring and other coloured dyes

• small pieces and loose parts,

• Breakables, such as glass, ceramics, pottery, etc.

• Paints

• Playdough

• Natural and artificial elements

• Tools such as hammers, saws, drills, screwdrivers, etc

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Conditions of Entry

Security

We are in no way responsible for your personal belongings or items. We are not able to provide secure places to store such, therefore it is recommended that anything considered valuable remain at home. 

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Digital Content

Photos, videos, live streams and other forms of digital content will be taken while on our premises. This may include images of yourself and your children unless expressly stated otherwise.

 

The above mentioned digital content may be shared on all methods of social media.

 

On occasion, professional photographers are invited for content and marketing purposes. Once a media release consent form has been completed, you are welcome to obtain copies upon request.

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Personal Safety

When entering our premises, you understand and accept that your children are your responsibility at all times. Therefore, you are personally responsible for any injury or illness resulting from our products and / or services, not us.

 

We do not consider ourselves to be an allergy free environment and have no control over food products brought into our premises. If you or your child has allergies, please carefully consider or contact us before booking.

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Price and Payment

Our Program

For our MAKE Program the participant is required to pre-book the activities and pay the Fees in advance, as determined by the Provider before attending the Activities. Bookings can be made via www.theyardnewcastle.au. Alternative payment arrangements may be available upon request. Please email theyard2298@gmail.com for any enquiries related to NDIS invoices and payment plans.  The Participant’s booking to attend the program will not be secured, until full payment of the Fees for the Activity Period has been received by The Yard, Newcastle.

 

Change of Mind

In accordance with Australian Consumer Law (ACL), we are not required to give a refund or replacement if you change your mind about the service and / or product. Therefore, you are still liable for remitting all outstanding fees.

 

In extenuating circumstances, we reserve all rights and decision making whether to issue refunds or other forms of compensation. 

 

In such circumstances, a refund will only be permitted where:

 

1. All classes are full and the program has reached capacity; and

2. Reasonable notice has been given re: the cancellation or change of mind; and

3. The position is able to be filled; and

4. We incur no loss.  

 

Other Services and Products

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A non-refundable deposit is required to secure your booking for a private event. Full payment is to be paid on or before the invoice expiration date. 

 

All other products and services are required to be paid in full.

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Class Absence / Makeup Session

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In the event you cannot attend a class or session, all reasonable attempts must be made to inform us of your absence. You are entitled to two makeup sessions throughout the same enrolled term. Makeup sessions are non-transferable between terms. Makeup sessions can be used for any other class or specialty scheduled class.

 

Special and other events, such as Make weekends and workshops, are excluded from makeup sessions.

 

Cancellation

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We reserve all right to cancel any service, without refund or compensation, due to abnormal weather conditions, road closures, emergency incidents, or other exceptional circumstances beyond our control.

 

In the event of cancellation due to illness, injury or other unforeseen circumstances, you will be advised as soon as possible, and appropriate options made available to remedy the loss incurred by you.

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Refund Policy 

We take the utmost care in ensuring our services are delivered in accordance with their advertised descriptions and information.  By law, we are not required to exchange or refund if you change your mind about the service.  If you have a problem with the service or product being provided, please contact us, in writing, to explain the problem or issue.

 

Please refer to the Australian Consumer Competition Commission for more information about your rights: https://www.accc.gov.au/ 

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Wet Weather Policy for The Yard Newcastle

At The Yard Newcastle, we embrace all weather conditions as part of the outdoor learning and play experience. However, the safety and comfort of our participants and staff are our top priorities.

Policy Details:

1. Rainy Days:

   • Sessions will continue as scheduled in rainy conditions.

   • We recommend participants come prepared with weather-appropriate clothing, such as raincoats, gumboots, and warm layers.

2. Extreme Weather Conditions:

   • Sessions will be canceled or postponed in the following extreme conditions:

     • Severe storms (including lightning and thunder)

     • Hail

     • Strong winds

     • Bushfires or high fire danger

     • Extreme heat (as determined by local heat warnings)

     • Extreme cold (freezing temperatures or frost risks)

3. Notifications:

   • In the event of cancellation, we will notify participants via email, SMS, or social media at least 2 hours before the session starts.

   • Updates will also be posted on The Yard Newcastle’s official social media pages.

4. Rescheduling and Refunds:

   • Participants will be offered a rescheduled session or credit for any canceled session.

Thank you for your understanding and cooperation. We look forward to continuing to create memorable experiences at The Yard Newcastle, rain or shine!

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