Terms & Conditions

I acknowledge that both my child and I are parties to a contract with Orange. (“the Centre”) and that the terms of that contract include:

I am required to supervise my child and have responsibility for the care of my child whilst they are at the Centre. In my personal capacity and in my capacity as guardian of my child, except where provided or required by law and as such cannot be excluded, I agree that it is a term of acceptance of my application form and fee (if accepted) that for myself and/or my child, my executors, administrators, heirs, next of kin, successors and assigns, I hereby:

  1. Waive and release all claims that I and/or my child may have against Toddler Kindy Gymbaroo Pty Ltd (A.C.N. 006 166 141)(“TKG”), its officers, directors, members, employees, agents, other participants and any other persons involved in the provision of the services offered at the Centre (“the releasees”) including any and all claims for damages caused by negligence or otherwise, arising out of my participation in the services offered at the Centre, together with any costs including legal fees that may be incurred as a result of any such claim whether valid or not; and
  2. Indemnify and hold harmless the releasees and each of them against any such claim that I or my child or any one or more of my executors, administrators, heirs, next of kin, successors, or assigns may have or assert and against any costs including legal fees with respect to such claims.

Without limiting the foregoing, in no circumstances shall the liability of TKG or the Centre for any cause or on any account exceed the sum of any fee paid by me or any other person on behalf of my child.

I acknowledge and agree to abide, and to ensure my child abides, by all the rules, regulations and instructions provided by TKG or TKG staff from time to time during the provision of the services offered at the Centre.

I have voluntarily entered into this agreement and have read, understood and acknowledge the terms of membership including the warning, exclusion from liability release, indemnity and information provided elsewhere in this membership application form.

The TKG Privacy Policy detailing our handling of personal and sensitive information is available upon request. You may request access to information held about you or your child by contacting the TKG Privacy Officer. To facilitate both the operation of the TKG System and TKG Centres and the granting of franchises to other organizations to provide the same services, it may be necessary for us to disclose your personal and sensitive information to certain third parties, to enable them to undertake specified management, administration and advisory services. These third parties include TKG’s licensed franchise operators; consultants we engage to assist customers; organizations involved in all accounting, auditing and due diligence enquiries by the franchisee or on behalf of the franchisee relating to the setting up or maintenance of a franchise; organizations involved in a transfer or sale of all or part of the assets or business of TKG; organizations involved in managing our corporate risk and funding functions; general and specialist medical practitioners; our insurers; regulatory authorities, if required by law; and anyone else to whom you authorize us to disclose it.

TKG and the Centre would also like to keep you in touch with developments about our system, and newsletters about new classes or Centres. Please mark the box with a cross if you do not want your personal or sensitive information to be used for direct marketing purposes.

I acknowledge and agree to respect the privacy of other parents and children and the confidentiality of TKG and the Centre by not taking photographs, videos or other recordings in the TKG Centre without the prior consent of the other parents of children being photographed or videoed and the consent of the operator of the Centre. I acknowledge that I may be asked to agree to sign a more detailed agreement before that consent is provided.

I acknowledge that I have been provided with an opportunity to read the TKG Privacy Policy. I accept that the collection, use and disclosure of my personal or sensitive information is necessary for the purposes described in the TKG Privacy Policy. I understand that neither TKG nor the Centre will be able to provide me with their services without this consent.