Service Agreement (Booking Terms)

These Booking Terms (the "Terms", and "Agreement") are between Curious Me & Co Pty Ltd ABN 64 651 453 968 ( "Curious Me") and you (the "Client") and are legally binding. 

 

Background

Curious Me believes that all children deserve the freedom to play and explore as they please. 

 

Curious Me provides an amazing space (the "Space") for children to be their most authentic selves by incorporating the best elements of child-led sensory play, messy play, risky play, loose parts play, nature play and more. 

 

Curious Me adopts playwork practices and principles with a strong focus on increasing awareness and advocacy for independent and non-adulterated play.

 

The Space is located at 37-51 Pineview Road, Logan Village Qld 4207. 

 

These Terms outline both our responsibilities when booking the Space.

 

In these Terms, the "Client" may be a child, parent, guardian, other individual, sole trader, or other legal entity.

 

Please email info@curiousme.com.au if you have any questions.

 

TERMS AND CONDITIONS

1.0. Acceptance and term

1.1. The Client is deemed to have accepted these Terms by continuing with their booking.

Term

1.2. The term of this Agreement is from payment or the acceptance of the Booking Terms by the Client, whichever comes first.

1.3. It will end upon the completion of the number of hours booked.

1.4. These Terms may not be transferred or disclosed to any third party. 

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2.0. Services

Curious Me offers the following rates for the use of the Space: 

2.1. Outdoor Play Program (10 weeks)

• Little Explorers - $220

• All Explorers - $270

• All Adventurers - $250

2.2. Outdoor Play Program (single sessions)

• Little Explorers - $25

• All Explorers - $30

• All Adventurers - $30 

2.3. Private Hire (space only) - $350, 2 hours of play

2.4. Private Hire (play set-up) – starts at $650, 2 hours of play

Services include but are not limited to:

• Play set-up

• Clean up

2.5. Playworker Service - $75 per playworker per hour 

2.6. Community Events – starts at $1,500

2.7. Private Incursion - POA

2.8. Private Excursion - POA

Service Delivery

2.9. All programs are conducted in the Space unless otherwise agreed by both parties. 

2.10. The Client agrees and acknowledges that all expenses incurred by Curious Me for private excursions and community events and will be at the Client’s cost. 

2.11. You are responsible for providing your children's spare clothes, sun protection including sunscreen, insect repellent, food, and water for the entire session. ​​

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3.0. Bookings 

3.1. All bookings and payments for outdoor play programs are made online via our website. 

3.2. All other bookings (playwork, contracting, private hire, community events and private excursions and / or incursions) can be made via our email at info@curiousme.com.au or calling 0403 564 436.

3.3. Depending on availability, the Space can be hired during regular business hours. 

Booking hours

3.4. The minimum number of hours you can book the Space is two (2) hours. 

3.5. The Client must select the following: 

• Date and time; and 

• Number of children playing. 

3.6. The Client must complete the online booking form with the following details:

• Parent or Carer’s Name 

• Email address 

• Phone number 

• Child’s Name 

3.7. Once the Client has completed the online booking form, the Client must agree to these Booking Terms to proceed to payment and complete the booking.

Finalisation of bookings

3.8. The Client is responsible for ensuring the booking details are correct before payment. 

3.9. If there are any issues or errors with your booking, please contact us immediately by emailing info@curiousme.com.au or calling 0403 564 436. 

Confirmation of booking

3.10. Once full payment is complete, the Client will receive a confirmation email with the Space usage and inclusions to the booked sessions to which these Terms apply. 

3.11. The Client will be contacted prior to the booked date.

Rescheduling and cancellation of bookings

3.12. You may cancel or reschedule a booking at any time by providing at least 72 hours’ notice in writing via email at info@curiousme.com.au. 

3.13. For private excursions, you may cancel or reschedule at any time by providing at least 48 hours’ notice. 

3.14. The following cancellation fees will apply:

• Cancellation with less than 72 hours’ notice will result in forfeiture of all funds paid.

• Cancellation with more than 72 hours’ notice will result in forfeiture of the 50% non-refundable deposit, with the remaining monies will be refunded to your nominated account. 

3.15. In the unlikely event that Curious Me is not able to fulfil its obligations to the Client due to unforeseen circumstances outside of Force Majeure, the Client will be refunded any monies paid in full.

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4.0. Payment

Payment Terms

Deposit

4.1. A 50% non-refundable deposit is required to secure your booking. 

4.2. Full payment is required seven (7) days prior to your scheduled event booking. 

4.3. We accept payment on our website via Square, PayPal, Stripe, Afterpay, or Laybuy. 

4.4. PayPal has separate terms and conditions that govern third-party payment processing. We are not responsible for applying third-party payment processor terms and conditions. 

4.5. All prices are in Australian Dollars and exclude GST. 

Payment Plans

The following Payment Plans apply:

4.6. PLAYment Plan instalments are paid via direct debit via your nominated credit/debit card weekly on a recurring basis. 

4.7. For NDIS clients, an invoice will be provided, and full payment is required within fourteen (14) days from the date of the invoice. 

4.8. An invoice will be provided for playwork contracting and playwork, and full payment is required within fourteen (14) days from the date of the invoice.

Late Fees 

4.9. The Client is responsible for ensuring that payments are made on time.

4.10. Please note that a 3-day grace period is allowed, at this point, a 5% per annum (five per cent) late penalty will apply.

4.11. If a client's account is overdue beyond 21 days, Curious Me reserves the right to suspend services OR turn the debt to third-party collection services. At this time, this Agreement will be terminated, and no further services will be provided.

4.12. The Client shall be required to pay any legal or other costs incurred by Curious Me associated with overdue accounts' recovery.

Validity

4.13. Fees quoted are current at the time of booking and during the term of this Agreement. 

4.14. Curious Me reserves the right to change prices from time to time. Please check our website for updated pricing information. 

Travel Expenses

4.15. The Client agrees to pay all reasonable travel expenses, including but not limited to transfers, including taxis or Uber where travel outside the Space is required for Curious Me to deliver contracted services under this Agreement.

4.16. Such travel is to be pre-approved in writing by the Client. 

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5.0. Refund Policy

5.1. Refunds do not apply to services that have been fulfilled as outlined in this Agreement. 

5.2. Refunds will not be issued for a change of mind. 

5.3. Refund requests for any Program or service will be managed according to our obligations and your rights as consumers under Australian Consumer Law. 

5.4. Refund requests will be considered on a case-by-case basis and are not guaranteed. 

5.5. Where your payment method is via a payment plan, costs will be calculated and deducted from the total fees owing to Curious Me.

5.6. You will remain liable for the balance for payment owed Curious Me.

5.7. Failure to pay at any time is a breach of this Agreement, and we are entitled to seek legal relief and remedy for this breach and recover the debt owed by you. 

5.8. Outstanding accounts and costs for collection will be referred to a third party for debt collection.

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6.0. Client Obligations

You agree and acknowledge:

6.1. The Child/Children are to remain in your care at all times and you are responsible for their safety and care at all times. 

6.2. The Client is encouraged to come with an open mind and open heart and to follow their child’s lead and let them play. 

6.3. The Client is strongly encouraged to advise Curious Me if programs cause their children to experience emotional or physical responses that are unexpected and/or upsetting to enable Curious Me to engage in compassionate enquiry and provide appropriate support. 

Use of Space

6.4. You must arrive and vacate the Space at times specified on the confirmation form. 

6.5. If you arrive early or run overtime and affect the next booking, you will be charged an hourly rate for using the Space or supervised activity.

6.6. The Client is always to maintain the cleanliness of the Space.

6.7. No smoking is permitted in the Space or premises.

6.8. All rubbish is to be placed in the bins provided in the Space. 

Occupant capacity 

6.9. Due to building and fire emergency regulations and workplace health and safety standards, the maximum capacity of two hundred (200) occupants, including parents or carers, cannot be exceeded.

6.10. Occupancy may be reduced during Pandemic-related government restrictions and directions, including social distancing. 

Damage, loss, and security

6.11. You are responsible for any loss, damage, or theft from the Space for the duration of your booking.

6.12. If equipment or furniture is damaged or lost, you will have to pay for the repair or replacement.

6.13. You are responsible for the security of your personal belongings.

6.14. The Client must be respectful of each other, the environment, and the Space. 

Occupational Health and Safety and Insurance

6.15. Curious Me takes seriously its occupational health and safety obligations ("OH&S"). It intends to provide occupants, clients, and children a safe and healthy work environment. 

6.16. The Client must raise any issues relating to risks, hazards, safety, or health that come to the Client's attention.

6.17. If the Client becomes aware of any circumstance hazard or conduct by any person that could give rise to a risk of injury or illness, then the Client should immediately inform us, complete a hazard report form, and lodge it with us. 

6.18. Where the Client is a professional service provider and/or hires the Space to deliver a service, the Client must have their own professional indemnity/public liability insurance.

6.19. Curious Me cannot be responsible for any injury caused by the Client's negligence.

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7.0. Termination

7.1. Curious Me may terminate the Client's use of the Space for failure to meet any obligations and responsibilities, including non-compliance with insurance requirements of health and safety obligations, under this Agreement with three (3) ordinary days' notice in writing to the Client. 

7.2. Termination by Curious Me for illegal or unethical behaviour or actions by the Client will be immediate.

7.3. Except for as provided in this Agreement, where Curious Me terminates this Agreement with or without cause, and through no fault of the Client, payment for unfulfilled services will be refunded to the Client without fees.

7.4. Payment for fulfilled services will not be refunded.

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8.0 Risk and indemnity

You understand and agree:

8.1. When participating in our Programs and using the Space, 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.

8.2. 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

8.3. The Client shall be liable for loss or damages, including personal injury (whether or not resulting in death), suffered by Curious Me, its officers, servants, or agents, arising from the wilful or negligent acts or omissions of the Client, its servants, agents, invitees, or licensees.

8.4. The Client releases and indemnifies Curious Me and its officers, servants, and agents from and against all actions that may be brought against any of them by any person arising from:

• the wilful or negligent acts or omissions of the Client or any person for whose conduct the Client is liable.

• any wilful or negligent acts or omissions of the visitors, invitees, or licensees of the Client.

• death, injury, loss, or damage suffered by the Client or any of its servants, agents, invitees, or licensees except where the death, injury, loss, or damage is caused by the negligence or other wrongful act or omission of Curious Me, its officers, servants, or agents.

Injury Waiver (Children's Activities) 

You understand and agree:

8.5. 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

• Access to water, fire, tools and sharp object such as knives

• Outdoor activities such as bush walking, climbing, hiking, exploring creeks and nature. 

8.6. You, your executors, administrators, heirs, next of kin, successors, and assigns, confirm as follows:

a. Waive, release, and discharge from any and all liability, including but not limited to liability arising from the negligence or fault of Curious Me, its employees, and contractors, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to the Client’s child or children while attending the Space or participation in an event organised by Curious Me. 

b. To indemnify, hold harmless, and not sue Curious Me, its employees or contractors and waive them from any and all liabilities or claims made as a result of attending the Space or participation in an event organised by Curious Me, whether caused by their negligence or otherwise.

Waiver

8.7. You will be required to complete an Injury and Liability Waiver form as part of the Intake process for Curious Me.

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9.0. Digital Content

You understand and agree:

9.1. Photos, videos, and live streams will be taken while on our premises (Digital Content). This may include images of yourself and your children unless expressly stated otherwise.

9.2. Digital Content may be shared across all social media platforms.

9.3. On occasion, professional photographers are invited for content and marketing purposes.

Image Release Form

9.4. You will be required to complete an Image Release Form.

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10.0. Intellectual property

10.1. All material, including but not limited to videos, photos, and activities available in the Program and Space created by Curious Me, are the property of Curious Me and their affiliates or licensors. Accordingly, they are protected by copyright, trademark, and other intellectual property laws. 

10.2. As a Client, you are bound, at all times, to ensure that you do not breach our intellectual property rights at any time for any reason.

10.3. You may not use any of the materials available in the Program in a manner that infringes on our rights or has not been expressly authorised by us.

10.4. All material, including but not limited to videos, photos, and activities available in the Program and within any program created and owned by Curious Me, is provided solely for your personal and non-commercial use. 

Use by licence only 

10.5. Use of materials for any other commercial purpose is prohibited without the express written permission of Curious Me.

10.6. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program or related programs without the express permission of Curious Me. You may request such permission by emailing info@curiousme.com.au.

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11.0. Disclaimer

You understand and agree:

11.1. The goal of Curious Me is to provide you and your children harness the benefits of high quality play-based learning. 

11.2. Our Programs cannot make any guarantees about your ability to get results or improvements with children or otherwise with the Programs, tools, ideas, information, or activities provided. 

11.3. Every child is different and has different aptitudes and attitudes. 

11.4. Results are dependent on various factors, including but not limited to your child’s commitment, personal ability, and dedication, and is in no way dependent on any information or play strategy provided to you by Curious Me.

11.5. You have purchased the Program or hired the Space at your own risk.

11.6. Curious Me does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your results from the Programs.

Medical disclaimer.

11.7. Our Program are not intended as, and must not be used as, a substitute or replacement for professional medical advice, therapy or other treatment.

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12.0. Force Majeure 

12.1. A Force Majeure is an event outside our control that delays or hinders our ability to perform our obligations under this Agreement.

12.2. A Force Majeure includes but is not limited to fire, flood, earthquake or similar natural disasters, riot, war, terrorism, civil strife, labour disputes or disturbances, industry-wide material or services shortages outside our reasonable control, an outbreak of pandemic disease, governmental regulations, restrictions and lockdowns, communication, technology, or utility failures.

12.3. Curious Me or the Client shall not breach any undertaking in this Agreement for the delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from Force Majeure events.

12.4. Upon any Force Majeure Event, the Affected Party shall notify the other Party of the inability to perform their obligation under this Agreement. 

12.5. The Client will be offered a rescheduled date without penalty.

12.6. In the event of termination as a result of Force Majeure, the Parties agree that both parties will make every effort to negotiate a financial arrangement to mitigate and share any loss resulting from the Force Majeure event, including rescheduling the booking or a refund of 60% of the fees.

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13.0. Dispute 

13.1. The Client agrees to contact Curious Me immediately to resolve any concerns quickly and effectively through friendly consultation.

13.2. In the event of a dispute, the Client agrees to the following Dispute Resolution Procedure:

a. The Client must advise Curious Me in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute. 

b. In good faith, you agree to meet in person or via teleconference to seek to resolve the dispute by Agreement and compromise.

c. If the dispute cannot be resolved by Agreement, any party may refer the dispute to a mediator appointed by the Law Society of Queensland for mediation.

13.3. Both parties must attend the mediation in good faith to seek to resolve the dispute through mediation.

13.4. Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party is unsuccessful. 

13.5. Confidentiality is paramount to both parties' personal and professional reputations and standing in their business and community.

13.6. At no time will any communications or discussions be made public, including but not limited to any social media websites of either Party. 

13.7. Any public discussion or comments about either Party will be considered defamatory, harmful, or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

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14.0. Governing law 

The Terms and Conditions in this Agreement are governed by the laws of Queensland, Australia.

 

You are deemed to have read and accepted the Terms of Engagement of Curious Me by proceeding with payment and booking. 

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