1. Definitions

(a) Agreement means this Agreement, including but not limited to Terms and Conditions, the Activity Waiver and Release attached herein, and any recitals, schedules, policies and procedures, and annexures issued by the Provider from time to time.
(b) Activities means any activities, programs, sessions, or events provided by the Provider from time to time.
(c) Activity Period refers to the time during which the Participant engages the Provider for any Activities—whether on a casual, sessional, or term basis.
(d) Claim means any demand, suit, injury, damage, loss, cost, liability, action, or proceeding made against or incurred by any party, however arising.
(e) Fees means any costs payable by the Participant to attend the Activities for the relevant Activity Period.
(f) Location refers to The Yard Newcastle premises or any other location advised by the Provider.
(g) Parent or Guardian means the lawful carer of the Participant who is authorised to enter into this Agreement on behalf of the Participant.
(h) Participant/ you/ your means the individual participating in Activities provided by the Provider.
(i) Personal Information is as defined under the Privacy Act 1988 (Cth).
(j) Provider / The Yard Newcastle / we / us / our means The Yard Newcastle and any of its employees, contractors, or related entities.

2. Interpretation

2.1 Terms have the meaning attributed to them under relevant legislation.
2.2 This Agreement is governed by the laws of New South Wales.
2.3 Any gendered language is intended to be inclusive of all identities.
2.4 Where multiple persons act as a Representative, all agreements herein apply jointly and severally.

3. Purpose of this Agreement

3.1 By enrolling in or attending Activities at The Yard Newcastle, you agree to be bound by these Terms and Conditions.
3.2 If you have questions or require clarification, please seek legal advice before signing or agreeing.

4. Term

This Agreement remains valid until terminated in writing by either party.

5. Supply of Activities

5.1 Upon full payment of Fees, the Provider agrees to deliver the Activities during the agreed Activity Period.
5.2 The Provider prioritises safety and will maintain hygienic, secure conditions.
5.3 You are required to report any concerns or issues as soon as they arise.
5.4 Activities may change at the Provider’s discretion.
5.5 No Activities will be provided to Participants under the influence of alcohol or drugs.

6. Booking and Payments

6.1 All bookings must be made in advance and are subject to payment in full.
6.2 Bookings can be made via [www.theyardnewcastle.com.au] or by contacting us directly.
6.3 A booking is not secured until full payment is received.
6.4 NDIS invoicing or payment plans may be arranged by contacting theyardn2298@gmail.com

7. Cancellation

7.1 Cancellations impact availability for others. We ask for a minimum of 48 hours’ notice.
7.2 Late cancellations may not be eligible for a refund, at our sole discretion.
7.3 Refunds or credits are not offered for missed sessions in a term-based Activity Period.
7.4 Group bookings (5 or more) require 7 days’ notice.
7.5 Weather-related cancellations will result in a credit or reschedule where possible.
7.6 No refund or credit is available if weather interrupts an in-progress session.

8. Age & Disability Requirements

8.1 Participants under 18 or with disabilities must have a Parent or Guardian sign this Agreement.
8.2 The Yard Newcastle does not administer medications.
8.3 Anyone collecting a child must be authorised and present valid photo ID.
8.4 Respectful behaviour is expected at all times. Aggressive or abusive behaviour will not be tolerated.

9. Participant Responsibilities

You agree to:
i. Follow our policies and staff directions;
ii. Treat others with respect;
iii. Pay all required Fees before participation;
iv. Keep us informed of any relevant changes (e.g. medical, contact info);
v. Wear suitable, enclosed footwear during tool use and when outdoors;
vi. Bring clothing appropriate for weather and activity type (including hats, sunscreen, jackets, spare clothes, etc.);
vii. Not bring or consume alcohol, tobacco, or illicit drugs on premises;
viii. Contact us promptly if any concerns arise.

10. Provider Responsibilities

We agree to:
i. Communicate respectfully and clearly;
ii. Prioritise participant wellbeing;
iii. Consult on how Activities are delivered where appropriate;
iv. Maintain confidentiality and protect your personal information;
v. Inform you of any delays or changes.

11. Confidentiality

All terms of this Agreement are confidential unless disclosure is required by law.

12. Indemnity

You indemnify The Yard Newcastle against any Claim resulting from participation in our Activities, except where due to our proven negligence.

13. Emergencies

In an emergency, we will take reasonable steps to ensure appropriate care is administered and may suspend Activities to maintain safety.

14. Privacy

14.1 By enrolling, you provide us with personal information.
14.2 You consent to us using and sharing this information in line with applicable laws, including possible use for promotional purposes unless you opt out in writing.
14.3 Photos or videos may be taken during sessions and used for marketing unless you notify us otherwise.

15. Disputes

Complaints can be made via email or in person and will be handled with care and discretion.

16. Termination

Either party may end this Agreement with 7 days’ written notice. Serious breaches may result in immediate termination without notice.

17. Notices

All notices must be delivered in writing via email or post to the contact details provided at the time of booking.

18. Entire Agreement

This document represents the full agreement between the parties. Changes must be made in writing and agreed to by both parties.