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Crèche Terms & Conditions

1. Introduction and Interpretation -
  • 1.1 These words will have the following meaning in the context of these terms and conditions:
    • a. Centre and Centres shall mean all leisure centres occupied and controlled by the Company.
    • b. Crèche and Crèches shall mean any of the crèches located within our Centres.
    • c. Company shall mean activeNewham, a charitable company limited by guarantee with company number 08030293 and whose registered office is at 189 Romford Road, London, E15 4JF and includes all subsidiaries.
    • d. Client shall mean any parent or legal guardian
    • e. Carer or Child carer shall mean any member of staff competent and qualified to work in any of the Company’s crèches
    • f. Equipment shall mean any tangible goods or toys within a crèche.
    • g. Fees shall mean relevant fee payable to the Company to provide services for the agreed duration booked by the Client.
    • h. Services shall mean the crèche services provided by the Company.
    • i. Agreed duration, Session and Booking shall mean the period booked inclusive as part of a paid subscription, or paid for, either as a member not having a paid subscription, or a non-member.
    • j. Personnel shall mean all employees, agents and consultants of the Company and any subcontractors engaged in providing services under the Contract, but whom are not Child Carers.
  • 1.2 All correspondence for the Company should be addressed to 189 Romford Road, London, E15 4JF
  • 1.3 These terms specify details of the relationship including but not limited to:
    • a. Details of the Services.
    • b. The times and dates on which the Client will be granted access to the Facilities (each “a Session ”, together “the Sessions ”); and
    • c. The charges for the Service (the “ Charges ”).
  • 1.4 Any variation to these terms, must be agreed to in writing (email or letter).
2. Agreement -
  • 2.1 The Agreement is between:
    • a. The Company; and
    • b. The Client
  • 2.2 These Terms shall only come into force when the Company confirms acceptance of a completed Registration Form and confirms to the Client any booking. Confirmation can be:
    • a. Electronically through automated confirmation
    • b. Email, from an automated system
    • c. Email, manually written by a Company employee authorised to do so
    • d. Verbal confirmation from Centre or Crèche staff,
    • e. Verbal confirmation from Customer Services over the phone.
  • 2.3 The Company shall provide suitable Carers - deemed so by qualification, experience, and an Enhanced DBS – meeting all requirements of the Company to be employed in the role.
  • 2.4 The Company and its representatives shall carry out its obligations with reasonable skill and care and to a reasonable standard, in accordance with recognised best practice and legal obligations.
  • 2.5 The Company will always endeavour to accommodate children with special needs. Where appropriate an advance consultation and meeting with the Client may be required.
  • 2.6 For the health and safety and interests of all users, the Company reserves the right to refuse admission to the Crèche.
3. Health & Safety -
  • 3.1 The safety of the children is paramount.
  • 3.2 Children between the ages of 6 weeks, up to their 5th birthday are accepted.
    • a. The Company operates a strict policy on the ratios of Child carers to children to remain compliant with the Statutory Framework for Early Years – Foundation Years (Department of Education). All ratios are dependent on available resources available on any given day.
    • b. All Child carers will be qualified in their relevant field.
    • c. All Child carers will undertake an Enhance DBS prior to joining the Company and agree to further Enhance DBS checks at regular intervals or when required by the Company.
    • d. All Child carers will wear company approved uniform when on duty.
    • e. All Child carers will complete health and safety training, plus corporate and local site induction.
  • 3.3 All equipment is disinfected regularly following a structured cleaning regime.
  • 3.4 Photography and videography are strictly prohibited within any crèche either by Client or Child carer without written permission. For more information, see our Safeguarding Statement here: Safeguarding Statement
4. Attendance -
  • 4.1 Checking in: upon arrival all children’s details will be checked against the details previously provided by the Client.
  • 4.2 Checking in: the Client is to share any concerns they have regarding their child and any special instructions which will assist in the Company providing a pleasant and relaxing experience.
  • 4.3 Checking out: only the nominated Client, which checked the child in, will have the necessary authority to check a child out.
  • 4.4 Changing: the Company will change wet and soiled clothing or nappies as required, unless notified otherwise, or no change has been provided; in which case the Client will be called to collect their child.
  • 4.5 Clients are required to always remain on site at the Centre. Should Clients leave the centre, we will make best endeavours to contact the Client before contacting the relevant parties, which include but are not limited to: emergency services, local social services.
5. Sickness & Emergencies -
  • 5.1 If a child is showing signs of illness e.g., a rash, sore throat, nose or eye discharge, diarrhoea or vomiting, they may not be able to use the crèche facility. Please see Appendix 1 for exclusions.
  • 5.2 In the event of any accident/incident, an accident/incident report will be completed. The Client will be called immediately in the event of any injury. Child carers will always call the Emergency Services at their discretion.
  • 5.3 The Company does not administer prescribed medication of any kind. This always remains the responsibility of the Client.
6. Food & Drink -
  • 6.1 Other than a bottle of water – provided by the Client – food or drink is strictly prohibited.
  • 6.2 The Company cannot guarantee any crèche is free of food or other allergens, e.g., nuts
7. Conduct -
  • 7.1 If a child finds it hard to settle and becomes distressed during the session the Company will contact the Client requesting, they attend their child to comfort them and attempt to resettle your child or remove them from the crèche if this is deemed to in the best interests of the child or other children by the Company.
  • 7.2 Everyone has the right to be treated with respect, and the responsibility to treat others with respect. Bullying in any form will not be tolerated under any circumstances, including towards or between children and Child carers.
  • 7.3 The Company will not tolerate violent, racist, sexual or any other discriminatory behaviour, either towards or between Child carers, other Company staff members, other Service users, and or between children.
8. Fees & Cancellation -
  • 8.1 All Sessions must be booked and paid for in advance.
  • 8.2 Sessions are hourly, with a maximum stay of two hours.
  • 8.3 Cancellation within two hours of a booked session will incur the full cost of the entire session.
  • 8.4 If the Company cancels a session at any time, Clients will receive a credit or a replacement session to the equivalent value.
  • 8.5 We may change the opening times or withdraw any of the facilities at any time if we need them in connection with repair, alteration, or maintenance work, or for any other reason. Where possible, we will inform you in advance of any significant or permanent changes to opening hours, programmes, or facilities via notices on site or our website, and social media.
9. Miscellaneous -
  • 9.1 Data Protection. The Company is registered under the ICO, for the Data Protection Act, and UK GDPR, and complies with its obligations thereunder.
  • 9.2 Safeguarding. The Company operates a Safeguarding Policy governing all activities involving children and vulnerable adults. For more information, see our Safeguarding Statement here: Safeguarding Statement
  • 9.3 Indemnity.
    • a. The Company accepts no responsibility for any loss, damage, expense, or compensation suffered or incurred of any nature by the Client – arising directly or indirectly – from having incorrect child ratios (see 3.2.a), or any other circumstance beyond the Company’s control.
    • b. The Client agrees to indemnify the Company and hold harmless Child carers and its respective affiliates, officers, agents, employees, and permitted successors and assigns against and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees and permitted successors and assigns that occurs in connection with the agreement. This indemnification will survive the termination of this agreement.
  • 9.4 Liability. Clients agree the Company shall be limited to the sum insured under the Professional Indemnity Insurance Policy, held by the Company in the relevant insurance period. This period is determined by the Company’s insurance provider
  • 9.5 Dispute. In the event of dispute between the parties to this agreement, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. In the first instance this will be taken up with the Duty Manager on site.
  • 9.6 This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by, and construed in accordance with, English law.