Booking Terms & Conditions
IMPORTANT – PLEASE READ OUR COVID 19 POLICY BEFORE BOOKING
By booking and paying for our classes you are agreeing to the Terms & Conditions below:
To comply with government guidelines for indoor and outdoor activities, only one adult is currently allowed to attend a class with a baby.
If you or anyone in your household is experiencing COVID symptoms or you have tested positive please DO NOT attend class.
If you become unwell or test positive for COVID 19 please contact us as soon as possible as we may need to inform other group members.
Please ensure you maintain social distancing and ensure your hands are cleaned before class and afterwards, please feel free to use hand sanitiser provided.
In line with government guidance we must ask adults to wear a face mask or covering to arrive and leave our venues, or to use the toilet. Babies DO NOT require a face mask.
As ‘Tree Babies’ classes are outdoor there is no legal requirement to wear a mask HOWEVER if you would rather then please do so for the group sections of the class.
By booking you give us permission to pass on your details to Test & Trace service as required.
Parents or carers must provide their own drink bottle and/or lidded cup for refreshments.
In the circumstance of a local or national lockdown, your booked parents and baby wellbeing sessions will continue online for the duration of the government-guided lockdown. Unfortunately, we are unable to refund classes in these circumstances.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our Parent & Baby Wellbeing Classes (“Classes”) and all other services (“Services”) to you as a consumer.
1.2 Who we are. We are Nurture & Bloom Ltd, an independent company owned and run by Hayley Footman. Registration number: 13315579
1.3 How to contact us. You can contact Nurture & Bloom Ltd (as defined below) using the relevant contact details which can be found on our website and social media.
1.4 Definitions. The following definitions and interpretations shall apply throughout these terms:
1.4.1 “Instructor or Guide” shall mean independent class leader or guide designated as being responsible for providing our Services to you from time to time;
1.4.2 “we”, “us”, “our” or “Nurture & Bloom Ltd” means Hayley Footman and owner of Nurture & Bloom Ltd.
1.4.3 “Classes” shall be deemed to be included within the “Services”.
1.4.4 When we use the words “writing” or “written” in these terms, this includes emails.
2. Our contract with you
2.1 We operate a Limited Company model. Nurture & Bloom Ltd services will be provided to you by Hayley Footman, and your order (and any Contract formed as a result) shall be between you and the relevant instructor or guide to provide our Services.
2.2 How we will accept your booking. Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us (the “Contract”). The full amount is payable at the time of booking to guarantee a place.
The Booking Form, including health questions must be completed prior to the course, and it is the responsibility of the parent/carer to inform the instructor or guide of any changes to the information provided on a weekly basis.
The information provided on the Booking Form and any further correspondence with the instructor or guide is treated confidentially and will not be shared with any Third Party. It will be stored securely and only as long as necessary.
2.3 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this (including why we cannot accept your order), and will not charge you for the Services.
2.4 If you continually cancel orders/bookings placed with us or breach our terms. We understand that there may be many valid reasons for you to cancel or request to change the date and time of your Class place or service. However, the nature of our classes or services means there are limited spaces, and we rely on customers keeping to their arranged Classes or bookings where possible. If you continually cancel your Class place or Service without a good reason, we reserve the right, at our absolute discretion, to not accept further orders from you. We also may at our absolute discretion, not accept further orders where you have previously committed a material breach, or repeated breaches of these terms.
2.5 Intellectual property rights belong to us. All intellectual property rights in our Classes or any other Services, including any materials provided to you in our provision of the same belongs to us or our third party licensors. Unless otherwise permitted by these terms, you must not permit any other person to use or benefit from any materials or information provided to you in the course of us providing you with our Services.
2.6 Photography and media use. Unless otherwise stated at the time of booking we may use photographs / video footage for advertising or marketing purposes.
2.7 Taking your own photographs. Parents and carers are permitted to take their own photos of themselves and their baby where suitable, but must ensure they respect the rights of other parents and babies when doing so and ensure that they have their consent if they are in your images. However, this is at the sole discretion of the instructor or guide, who may withdraw this right at any time where a parent/client is acting unreasonably (for example, preventing or delaying us providing the Class or service, taking excessive amounts of photos, videoing whole segments of our Classes or services, or taking photos or videos of other children without their parent’s permission).
2.8 Mobile phone use. Our classes are all about switching off and use of your mobile phone is not encouraged during sessions so please be aware of suitable times to use it for photo purposes.
3. Our Services
3.1 Services may vary slightly from their description on the website. The descriptions of the Services on our website are for indicative purposes only. Although we have made every effort to describe the Services accurately, we cannot guarantee that our Services will not vary slightly between instructors and guides.
3.2 You confirm that you and your child are able to take part in our Classes. By placing an order or attending a Class, you agree that both you and any child under your care or supervision are able to take part in our Classes or any other Services which you order from us, and that it would not be harmful to either your or your child’s health, safety, comfort or physical condition to do so. Please note, we will not be liable for any loss, injury or damage suffered where you do not tell us about a medical condition, or you or the child do an activity which you are aware (or should have been aware) would, or might be, detrimental to you or the child.
3.3 You and your child use our Services at your own risk. You and any child for which you are responsible use our Services and attend our Classes at your own risk and you are responsible for supervising any child in your care at all times (including during Classes). As long as we have provided the Services with reasonable skill and care, we will not be liable to you for any loss, damage or injury suffered by you or a child for whom you are responsible as a consequence of you not following our instructions during the provision of our Classes or Services.
3.4 You shall not allow your child to attend a Class if they are ill. You must not bring your child to a class in the following circumstances:
3.4.1 they have had a fever or a cough within the 14 days prior to the Class;
3.4.2 they have had an upset stomach or diarrhoea in the 48 hours prior to the Class;
3.4.3 they have heavy nasal discharge;
3.4.4 they have discharging eyes; or
3.4.5 they or you have symptoms of a possible communicable disease, including, but not limited to, Covid-19, measles, chicken pox, German measles, whooping cough, impetigo, scarlet fever, hand foot and mouth disease or norovirus.
3.5 You must comply with our policies and procedures. You must comply with, and ensure that your child complies with, any policies and procedures which we communicate to you from time to time in relation to the Services. This may include (but shall not be limited to) policies in relation to health and safety. You are responsible for your own health and safety when out in the woodland. Please read all our guidelines and advice before attending a class.
3.6 Baby Wearing If you are coming to the ‘Tree Babies’ class, it is a baby wearing/carrying class. It is the parents/caregivers responsibility to ensure a suitable and correctly fitted sling/carrier is used. If you are using a new sling or carrier, please ensure you practise baby wearing at home first to ensure no delays to starting the session. Although spare carriers are available, Nurture & Bloom take no responsibility for fitting of slings or baby carriers.
4. Providing the Services
4.1 Services may vary from time to time. Our Services (including the timetables for, and the content of, our Classes) will be as set out on our website from time to time. Please note that the provision of our Services are subject to change, and may vary between instructor and guide.
4.2 Classes may be provided individually or as a term. When you place an order, you may purchase individual Classes/service, or you may purchase a set of Classes/services together (a “Block or Package”). Details of which are provided under each Service option.
4.3 When you purchase Classes individually. Each Class will be provided on the date stated in our acceptance of your order.
4.4 When you purchase a Block of Classes or Package. Your Block/package will commence on the date of the first Class/service. We will supply our Services to you until either the Services are completed and your block or package expires, or this Contract is otherwise brought to an end by you or us under these terms.
4.5 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. These steps may include offering rescheduled dates for the Classes/ services. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay and we are not able to reschedule the Classes/services, you may contact us to end the Contract and receive a refund for any Services you have paid for but not received.
4.6 If you do not allow us to provide Services. If you miss a Class/services (and you do not have a good reason for this), we are unable to provide a refund for any Services which you paid for but did not receive. See clause 6.2 for classification of good reason.
4.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you, for example, the names of any children attending our Classes, existing medical conditions, and any immunisations given to your child. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.8 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for any substantial period of time, we will adjust the price so that you do not pay for Services while they are suspended.
4.9 Payment Once you have booked online you reserve your place on the course a payment email will follow with details of how to pay and secure your place. Please note Payment MUST be made within 24 hours for your place on the term to be secured. If payment is not received your space will be offered up to someone else to book. You will be notified via email if this is the case.
4.10 We may also suspend supply of the Services if you do not pay. Places are only confirmed once full payment is received. We have the right to offer your session place to another parent or carer if you do not pay us for the Services when you are supposed to under these terms and you still do not make payment within 24 hours of us reminding you that payment is due, we have the discretion to suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services.
5. Our Class Transfer & Cancellation Policy
5.1 We may allow you to transfer your Class place to another person, or to cancel your Class place. Subject to the remaining terms of this clause 5, we may allow you to transfer or cancel your Class, or any Class within a Block, but this remains at our absolute discretion at all times and is dependent on if your space can be filled.
5.2 No automatic right to a refund. There shall be no entitlement to a refund in any respect when you cancel or transfer your place under this clause 5.
5.3 If you wish to transfer your Class place. If you miss a class we are unable to provide a refund, however if adequate notice is provided and it is allowed within government COVID 19 regulations, you may transfer your place on the course to another parent and baby known as the “Recipient”. Please note we are not involved in any arrangement of this or liable for any alterations.
5.4 Effect of transferring your Class place. Once the Recipient has taken your place, and this has been accepted by us, you will no longer be eligible to attend the relevant Class. Once accepted by us, the transfer of your place is irrevocable.
5.5 If you wish to cancel your place on any Class. If you wish to cancel your Class place (either for a specific Class, or for all remaining Classes in a Block) , you must contact your Class Instructor :
5.5.1 in the case of illness – as soon as practicable; or
5.5.2 in any other case – not less than 7 days before the date of the relevant Class.
5.6 We may re-sell your place when you cancel. Where you cancel your Class place, we may at our absolute discretion try to sell your Class place to another customer. Where we are successful in doing so, we shall refund you for the Class which you have cancelled. A refund in any other circumstances where you cancel a Class shall be at our sole and absolute discretion and subject to any administration fee, to cover the costs we will incur.
6. Your rights to end the contract
6.1 Ending the Contract without good reason. You may end the Contract between us and you at any time for any reason by giving us notice in writing. Where you give us notice that you would like to end the Contract, this will be with immediate effect unless you have stated otherwise in your notice to us. When you cancel under this clause you will not be entitled to a refund of any payments you have made in respect of the Services, whether such Services have been received or not, and you may have to pay us an administration fee, to cover the costs we will incur as a result of your ending the Contract.
6.2 Where you have a good reason for ending the Contract. You may end the Contract between us by giving us 14 days’ written notice at any time if:
6.2.1 we have told you about an upcoming change to the Services or these terms which you do not agree to;
6.2.2 we have told you about an error in the price or description of our Services which you have ordered, and you do not wish to proceed;
6.2.3 we have suspended supply of the Services or we have notified you we are going to suspend them, in either case for a period of more than 60 days; or
6.2.4 we commit a serious breach of any provision of these terms, in which case we will refund any payments made for Services which have not been received at the date we receive your notice.
7. Our rights to end the contract
7.1 We may end the Contract if you break it. We may end the Contract for our Services at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due, or if you commit a serious breach (or repeated breaches) of these terms.
7.2 You must pay our admin costs if you break the Contract. If we end the Contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you the reasonable administration costs we will incur as a result of your breaking the Contract (such as for any materials we have procured to provide the Services to you).
8. Our rights to make changes
8.1 Minor changes to the Services. We may change the Services to implement minor adjustments and improvements to respond to customer needs or to remain competitive, for example to address a health and safety concern.
8.2 More significant changes to the Services and these terms. In addition, we may make more significant changes to these terms or the Services, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Services paid for but not received.
9. Price and payment
9.1 Where to find the price for the Services. The price of the Services (which includes VAT where applicable) will be the price indicated on our website from time to time, and the price you have been charged will be as on our confirmation of your order.
9.2 When you must pay and how you must pay. We will inform you of what payment methods we can accept and when you must pay for the Services at the time of placing your order. Your payment will be held securely and will not be processed until we accept your order. Payment for our Services must have been made in full as agreed between you and us before we provide any of our Services to you.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. For the avoidance of doubt, provided that we have performed our Services with reasonable skill and care and we have not breached the Contract, we will not be liable to you for any loss or damage you suffer as a result of attending our Classes (save where such an exclusion is prohibited by law).
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care.
10.3 We are not liable for your property. Please note that your property and belongings which you or your child bring to a Class are your responsibility and we shall not be responsible for any loss of, or damage to, such property.
10.4 We are not liable for business losses. These terms cover the supply the Services to you as a consumer. If you use the Services covered by the Contract and these terms, or any materials provided in their delivery for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information.
12. Other important terms
12.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations (in full or in part) under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms if we agree to this in writing.
12.3 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
12.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
12.6 Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
13. Weather conditions
13.1 Postponement or cancellation due to weather conditions. As with the UK, the weather is unpredictable. The ‘Tree Babies’ sessions are all outdoors and will go ahead unless the weather is deemed unsafe to do so by the organisers/venue. This will include high winds and lightening but DOES NOT include rain.
13.1.1 If our services are delayed by an outside factor such as dangerous weather then we will contact you as soon as possible to let you know and will take steps to minimise the effect of this. These steps may include offering rescheduled dates for such classes. Please note classes will still go ahead in rain, this is not deemed as dangerous weather. Provided we are able to offer rescheduled dates, we will not be liable for the delay in our services therefore a refund will not be available.
13.2 Unexpected change in weather conditions during a class or rescheduling of sessions due to high wind/ ice etc is at the instructor or guides discretion. Sessions may be shorter than initially planned and unfortunately no refunds are possible.
13.3 Suitable clothing/footwear. It is the sole responsibility of the parent or carer to ensure they attend ‘Tree Babies’ in suitable clothing and footwear. The location of classes is outdoor in nature and is therefore everchanging. It is the clients responsibility to ensure you attend in suitable clothing and footwear for you and baby. Good footwear is essential and waterproof outerwear recommended for you and baby.
14.1 Tree Babies is an inclusive class for all. It is a class for being rather than doing. It is an open space for everyone attending with no judgement at any time.
14.2 Respect of nature. Tree babies classes take pride in the natural surroundings and venues that we use and we operate a leave no trace policy. Please ensure you take any rubbish with you and respect the natural surroundings we have been gifted with.