Terms & Conditions

These terms and conditions apply to our Scheduled Workshops, Activations and Events and any other contracted services provided by Kindling Creative to you.

1. Places in workshops are booked on a first paid, first served basis. Full payment (‘the fees’) and completed booking forms must be received prior to the scheduled workshop to confirm you and/or your child’s place in that workshop.

2. The fees paid include all materials except where advised or advertised for a particular activity, event, or workshop.

3. The fees paid are non-refundable unless you cancel at least 2 days prior to the scheduled workshop. Cancellations within 2 days of the scheduled workshop are entitled to a credit of equal value for future workshops within the following 6 months of the scheduled workshop. Bookings may be transferred to another person, however this is the sole responsibility of the original booking holder, and Kindling Creative must be notified in writing of this change.

4. The fees paid for activations or events are non-refundable unless you cancel at least 3 business days prior to the scheduled activation or event. Cancellations less than 24 hours prior to the scheduled date will incur a 25% administration fee IF the scheduled event cannot be rescheduled. Where scheduled activations or events are postponed, Kindling Creative cannot guarantee its availability should an alternative date be set.

5. You or your child can attend a scheduled workshop on the day, if places are still available, and which may be paid for on the day by cash, credit card, or electronic funds transfer.

6. If you have paid for a scheduled workshop and you or your child is absent without explanation from that workshop, the fee is non-refundable and a credit will not be made available.

7. Kindling Creative reserves the right to cancel a scheduled workshop at any time and will refund the workshop fee paid, less any administrative, refund or ticketing charges paid through third party ticketing services. Credit will not be made available.

8. Kindling Creative reserves the right to refuse/discontinue admission to you and/or any child who poses a disciplinary problem or unduly disrupts other participants. However, please consult with us if your child benefits from additional support and we will aim to accommodate their needs.

9. You (or an allocated responsible adult) must be contactable at all times while your child is attending Kindling Creative.

10. The safe arrival and departure of your child to Kindling Creative workshops is your responsibility.

11. Children are to be collected at the conclusion of Kindling Creative workshops by their parent/guardian unless an alternative arrangement has been made and a contact telephone number has been provided.

12. Unless you advise otherwise, you consent for Kindling Creative to use images of you, event or activation participants, and/or of your child or your child’s work for promotional purposes, including but not being limited to brochures, websites, Facebook, social media, newspapers and other publications for no fee or charge. You can withdraw your consent at any time. *We pay particular attention to protecting children's right to privacy in an online environment and endeavour to minimise their exposure unnecessarily. For example, we prefer not to reveal faces or names.*

13. Kindling Creative encourages participants to wear appropriate clothing and footwear, e.g., old clothing or paint shirt, covered footwear, at Kindling Creative workshops, as stated in the workshop description and notes. Kindling Creative will not be liable for any damage done to any clothing.

14. Kindling Creative will not be liable for any damage done to personal property brought along to a scheduled workshop, activation, or event.

15. You agree that personal data provided may be used and retained by Kindling Creative for the following purposes and for other purposes as shall be agreed between you and Kindling Creative or required by law from time to time: i) Provision of services; ii) Marketing of services by Kindling Creative; iii) Processing of any payment instructions, electronic funds transfer facility, and/or credit facilities requested by you. This information will not be sold to any external parties.

16. You acknowledge, that although Kindling Creative warrants that it will at all times and to the best of its ability use all reasonable care in respect of children and participants, there are inherent and unforeseeable dangers and difficulties in providing the services and Kindling Creative cannot guarantee the safety and wellbeing of children and participants.

17. You authorise Kindling Creative to take any action it considers necessary, appropriate and in the best interest of you or the child to protect you or the child or any other child or otherwise under its control.

18. You consent to first aid being administered to you or the child by a person who is the holder of a current senior first aid certificate, doctor, nurse, or emergency service personnel. Unless an emergency, Kindling Creative will try to contact you prior to first aid being administered.

19. You will reimburse Kindling Creative for any charges, costs or expenses incurred by it by obtaining the medical or hospital treatment referred to in clause 16.

20. Kindling Creative will not administer any medication to you or the child.

21. Food brought in for scheduled workshops, activations, or events is not connected with Kindling Creative or its employees. Kindling Creative will not be held liable for any illness, medical problems or allergies for you or your child. Refer to clauses 16, 17, 18, 19 and 21.

22. Subject to clause 19, you acknowledge to the maximum extent permitted by law, Kindling Creative excludes all liability and you hereby release Kindling Creative from any costs, expenses, losses and damages suffered by you and/or the child whether that liability arises in contract, tort or under statute in connection with its provisions of the services. Without limitation, Kindling Creative will in no circumstances be liable for any indirect or consequential loss, including loss of profit, loss of revenue and loss of business opportunity.

23. You understand that Kindling Creative can choose not to accept you or the child into any of its workshops if any of the terms and conditions are breached; or Kindling Creative believes it is unable to adequately care for you or the child due to any special or medical needs or behavioural problems. *We aim to provide inclusive, safe spaces, but cannot guarantee the adequacy of Kindling Creative workshops to you or your child's specific needs.*

24. Kindling Creative reserves the right to terminate, without notice, the services in respect of you or the child if it believes (in its absolute discretion) that to do so is in the best interest of: i) The child; ii) Other children; iii) Its employees; iv) The business operations or reputation of Kindling Creative; or v) You. In these circumstances there will be no refund of any fees paid.

25. You acknowledge and accept that Kindling Creative excludes all implied conditions and warranties from these terms and conditions except any conditions or warranties (such as conditions and warranties implied by the legislation) which cannot, by law, be excluded. Kindling Creative’s liability in respect of the services is limited to: Supplying of the services again: or Payment of the costs of having the services supplied again.

26. All users including parents/guardians, you and the child/ren, release Kindling Creative from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have or but for this agreement would or might at any time hereafter have or have had against Kindling Creative in respect of, arising out of or resulting from the provision of any services or from any other cause relating thereto, including but not limited to the negligent act Kindling Creative and its employees.

27. The laws of the State of Western Australia apply to these terms and conditions and to any services provided by Kindling Creative.

28. These terms and conditions can be changed without notice provided that the amended terms and conditions are made available on Kindling Creative’s website.

29. Kindling Creative means Margaret O’Connell and Katharina Popp and/or their successors in title trading as Kindling Creative.

30. We welcome your feedback or comments on these ‘Terms and Conditions’ so that we can improve our work practices and ensure your experience with us remains positive. Please contact us at hello@kindlingcreative.com.au and share your views with us.