Terms and Conditions


Last Revised on 9th June, 2015

  1. Interpretation
    • 1.1  In these Terms and Conditions (“these Conditions”), the following terms shall have the following meanings: ‘Booking Form’ the online booking form by which details of the Attendee and the Program he/she wishes to attend are submitted to Build-A-Mind; ‘Program’ the program or workshop that the Attendee is attending, as set out in the Booking Form; ‘Attendee’ the child or children who will be attending the Program as specified in the Booking Form; ‘Build-A-Mind’ Kerry-Lyn Storme Pyle (t/a Build-A-Mind) of 29a Singles Ridge Road, Australia NSW 2777; ‘Fees’ the fees shown on Build-A-Mind’s website or other published literature relating to the Services from time to time; ‘Location’ the location of the Program (including the site of the courses and the sites used for recreation); ‘Services’ the provision of the Program for the Attendee by Build-A-Mind; ‘you’ and ‘your’ the Attendee’s parent(s) or guardian(s) as specified in “Your Details” Booking Form.
    • 1.2  The headings in these Conditions are for convenience only and shall not affect their interpretation.
  2. Supply of Services
    • 2.1  Build-A-Mind shall provide the Services to the Attendee subject to these Conditions. By booking and paying the fee you agree on behalf of yourself and the Attendee to be bound by these Conditions. These Conditions constitute the entire agreement between Build-A-Mind and you/the Attendee and may not be varied except in writing by a director of Build-A-Mind.
    • 2.2  Bookings are accepted at the discretion of Build-A-Mind and are not transferable.
    • 2.3  You shall fully complete the Booking Form and at your own expense supply Build-A-Mind with all necessary and other information required by Build-A-Mind in connection with the Services.
    • 2.4  Build-A-Mind may correct any typographical or other errors or omissions in any Build-A-Mind material relating to the provision of the Services without incurring any liability to you.
  3. Payment of Fees
    • 3.1  You shall pay Build-A-Mind the Fees and any additional sums which are agreed between you and Build-A-Mind for the provision of the Services.
    • 3.2  The full Fees must be sent to Build-A-Mind via the website Booking Form. No booking is valid until payment has been received. Build-A-Mind shall not be responsible for any cash payment.
  4. Rules, Regulations and your Liability
    • 4.1  You agree to be wholly liable for any and all actions and/or omissions of the Attendee. Without prejudice to the generality of the foregoing, you shall be liable for any liability, financial or otherwise, or injury or damage to property caused by the Attendee whilst at the Location, and shall fully indemnify Build-A-Mind, their agents, contractors and/or employees for any loss, damage, costs or expenses resulting from such liability, injury or damage.
    • 4.2  Build-A-Mind reserves the right to make rules and regulations relating to the Attendee’s participation in the Program (“the Rules”). The Rules form part of these Conditions and will be notified to the Attendee at the Location or earlier.
    • 4.3  Any failure by the Attendee to adhere to the Rules may result in his/her participation at the Program being terminated forthwith without refund and in such event the Attendee may be sent home at your expense.
    • 4.4  Without prejudice to paragraph 4.3 above, Build-A-Mind reserves the right to withdraw the Attendee from any activity at any time on the grounds of safety or unsuitability.
    • 4.5  We are sensitive to certain allergens but cannot guarantee their exclusion from the program.
  5. Cancellation
    • 5.1  In the event of cancellation by you, a credit will only be issued if such cancellation is notified in writing to Build-A-Mind at least two weeks before the commencement of the Program. No refunds will be issued and bookings cancelled in the two weeks prior to the date of the class will not be reimbursed.
    • 5.2  If, for any reason, the Program is cancelled by Build-A-Mind, the total liability of Build-A-Mind will not exceed that proportion of the Fees Build-A-Mind have actually received.
    • 5.3  Fees are non-returnable for Attendees arriving late, leaving early or missing a day of program (whether on account of illness or any other cause). If the course has been booked, then the full fees are payable.
  6. Liability
    • 6.1  Except in respect of death or personal injury caused by Build-A-Mind’s negligence, Build-A-Mind shall not be liable to you or the Attendee by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by or negligent or the negligence of our servants, or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by you or the Attendee, and our entire liability under or in connection with this Agreement shall not exceed the amount of our Fees for the provision of the Services.
    • 6.2  Where Build-A-Mind provides, in connection with the provision of the Services, any goods or equipment or services supplied by a third party, Build-A-Mind does not give any warranty, guarantee or other terms as to their quality, fitness for purpose, performance or otherwise.
    • 6.3  Build-A-Mind shall have no liability to the Attendee for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from the Attendee’s late arrival or non-arrival, or any other fault of you or the Attendee.
    • 6.4  Build-A-Mind shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of Build-A-Mind’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Build-A-Mind’s reasonable control.
    • 6.5  Build-A-Mind reserves the right to alter programmes, activities, itineraries, excursions, age brackets, premises and personnel as it thinks fit and without notice.
    • 6.6  Build-A-Mind will not be bound by any statement unless it is in writing and authorised by an owner of Build-A-Mind.
  7. Medical and Behavioural
    • 7.1  Any medical or behavioural problems of the Attendee known to you must be notified to Build-A-Mind in writing on the Booking Form, and in any event prior to the commencement of the Program. Build-A-Mind reserve the right not to accept your Booking on the grounds that any such medical or behavioural problems are not conducive to the Attendee’s or other Attendees’ participation in the Program.
    • 7.2  In the event that the Attendee becomes ill or incapacitated during the Program, you agree to medical treatment being given to the Attendee if required in accordance with the recommendations of a qualified medical practitioner, including the administration of a general anaesthetic and to surgical operations in case of emergency. Such action shall be taken at your expense.
    • 7.3  If the Attendee becomes ill or comes into contact with any contagious or infectious disease during the 21 days prior to the commencement of the Program, you must immediately notify Build-A-Mind in writing and provide a medical certificate from the Attendee’s doctor giving approval for the Attendee to participate in the Program.
    • 7.4  It is your and the Attendee’s responsibility to help Build-A-Mind prevent the spread of infectious diseases
    • 7.5  It is your responsibility to tell Build-A-Mind prior to program of any issue or condition that may affect their stay at program. These include but are not limited to ADHD, SEN, medical, languages, disabilities, diet, medical, behavioural/social issues, Attendee’s history.
    • 7.6  Build-A-Mind reserves the right to suspect or remove any Attendee whose attendance, work or behaviour is, in their reasonable opinion, unsatisfactory. Under such circumstances, Build-A-Mind will be under no obligation to return any fees. Attendees who disrupt the learning environment for other participants, who destroy property or projects, and who otherwise compromise the health, safety and/or learning environment will be removed.
    • 7.7  Permission is given to administer medication or first aid if required.
  8. Jewellery, Valuables and Lost Property
    • 8.1  Build-A-Mind will not be liable for any item of jewellery or valuable property brought to the Location by the Attendee.
    • 8.2  Build-A-Mind will not be responsible for any property left at the Location (by the Attendee or otherwise), and may dispose of any such property if not claimed and collected by you within seven days of the end of the Program.
  9. Personal Searches
    • 9.1  Build-A-Mind reserves the right to search the bags and other personal property of all attendees in appropriate circumstances.
  10. Smoking and Alcohol
    • 10.1  Possession and consumption of alcohol, tobacco or drugs by the attendee at Program are NOT PERMITTED UNDER ANY CIRCUMSTANCES. Please note that if the attendee does not adhere to this condition, he/she will be removed from Program in accordance with paragraph 4.3 of these Conditions.
  11. Publicity
    • 11.1  You acknowledge that Build-A-Mind may use for publicity purposes and without prior notification any photograph or video taken of the attendee at the Location, and any statement (whether written or oral) made by you or the attendee.
  12. Child Protection/Safeguarding
    • 12.1  Build-A-Mind will contact the Child Protection authority if we suspect abuse or in an event of a disclosure
  13. Force Majeure
    • 13.1  We shall not be liable for any delay in performing or failure to perform any obligation (including to action any alteration or cancelation) due to any case beyond our reasonable control including lock-outs, strikes, shortages of personnel, labour disputes, war, riot, act of God, civil commotion, terrorism, malicious damage, threats to safety, compliance with any law or governmental order, rule, regulation or direction, accident, environmental contamination, pandemic outbreak of disease, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this agreement.
  14. General
    • 14.1  If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
    • 14.2  This agreement is governed by the laws of Australia and the parties submit to the exclusive jurisdiction of the Australian Courts.