Terms & Conditions
Hartbeeps Terms and Conditions (the "Terms and Conditions")
Getting in touch
We are a Hartbeeps franchisee, a sole trader established as Stephanie Williams in England and Wales ("Hartbeeps"). Our address is 17 Anglia Crescent, Kempsey, Worcester, WR5 3UX. If you need to contact us for anything related to these Terms and Conditions, you can reach us at worcestershire@hartbeeps.com
In these Terms and Conditions, when we refer to "we", "us" or "our", we mean Hartbeeps; and when we refer to "you" or "your" we mean you, the person making a booking.
When certain words and phrases are used in these Terms and Conditions, they have specific meanings, known as "defined terms". You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it where it was defined (you can find these meanings by looking at the sentence where the defined term is stated in brackets and speech marks in bold).
General
At Hartbeeps we want to ensure that both you and your child/children receive all the information, guidance and encouragement that you need to experience a truly magical time. We encourage you to actively participate with your child/children during classes and to sing some of your child/children’s favourite songs between classes, so your child/children can start to recognise and enjoy the songs we sing in sessions.
Hartbeeps sessions are sometimes held in venues with hard surfaces and although mats are provided, you may like to bring a small blanket to lay your baby on. The Hartbeeps environment is both relaxed and social, however to show respect for the whole group we ask that general chatter be kept to a minimum, this ensures that the focus is kept on the children. Where possible we do try to provide/or recommend facilities for you to socialise after the session. If your baby becomes restless or needs feeding or changing during the session, please feel free to do so. If a younger baby sleeps or an older baby or toddler simply observes, they are still experiencing the session. The session leader will start on time and we ask that you arrive at least 10 minutes before your session to avoid any disruption during the session. Mobile phones must be either off or on silent. We ask that no food is consumed during the Hartbeeps session, unless for medical reasons. You must follow and comply with the reasonable instructions of the session leaders at all times during any Hartbeeps session.
Health & Safety Notice
Risk assessments are undertaken by your session leader at every Hartbeeps venue. As parents and carers we are sure you are aware that although every effort is taken to ensure that our environment is safe and the props used are in good condition and age appropriate, accidents can occur to children in the safest of environments. Please ensure that you supervise your child at all times during the session as Hartbeeps cannot be held responsible for accident or injury incurred during our classes or at any other time in our venues, other than as set out in these Terms and Conditions or as required by law. Many thanks for your co-operation in this matter.
Hygiene in our Sessions
All our session leaders are equipped to wipe down, clean, wash and sanitise relevant equipment between sessions.
We wash blankets and replace/check quality and cleanliness of all our props regularly.
Booking/Payments
Booking operates on a first come, first served basis. Places are not guaranteed; they are subject to availability and will ordinarily be allocated via an online booking system. Weekly classes are payable in advance for a "half term" (usually about 7 weeks, although just check with your session leader for term dates). We will begin the series of classes on the date set out in the booking. The estimated end date for the half-term is as notified to you during the booking process. We will ordinarily notify you by email if we accept your booking offer, at which point a contract will be formed between us in respect of the series of classes notified to you during the booking process. If we do not accept your booking offer, we will return your payment in full. If payment is taken in person, then a contract will be formed between us at the point that payment is first made by you to us by whatever means.
If you wish to re-enrol for the following half term, we will attempt to reserve your place if the half termly payment is received by the advertised date. In the unlikely event that we are unable to reserve you a place, then we will return your pre-payment in full. Places are limited and so we always recommend that you pre-pay for each half term even if you are a regular Hartbeeps family. If you have missed the re-enrolment date and wish to continue with us, please contact your session leader as soon as possible.
Refunds/credits are not given once the half-term has started, other than in the circumstances outlined below. If you miss a class due to sickness or holidays it cannot be refunded, transferred or carried over to the next course. If we have to cancel or make a change to the location or time of a class, and you are unable to attend the rearranged session(s), then we will refund you a pro-rata share of your payment which relates to those session(s). If we do need to change a venue then we will do our best to find an appropriate replacement in an appropriate location.
Cancellation; if you cancel your place at least one week before the half term begins your session leader will refund your half-termly fee, but this will be subject to a £10.00 administration fee. No refunds will be made after this period. If you cancel your place during the half term then no refund can be given.
Sickness; if your baby/child is sick please feel free to call and let us know. If it is likely to be a long term illness then please call and discuss with your session leader as refunds and credits for long term illnesses are discretionary.
A NOTE about adverse weather: refunds will not be given in the event of adverse weather conditions. Always liaise with your session leader or check your local Facebook page for updates regarding the safe access to venues and subsequent class cancellations.
Illness
Please do not attend sessions in the event of your child being unwell. We wish them better of course, but must ensure the risk of infections or communicable diseases spreading is isolated. In the event that your child contracts an infection please inform your session leader regarding the nature of the infection so that they can inform other parents.
Please refrain from attending sessions if:
· Your child has a fever or has had a fever within 24 hours of the session
· Within 48 hours of the session, your child has had an upset tummy and/or diarrhea
· Your child has a discharge from their eyes or heavy discharge from their nose
· Your child is showing symptoms of the following: (taken from the NHS Website – please see further details)
Scarlet fever
Scarlet fever is usually a mild illness, but it is highly infectious. Therefore, look out for symptoms in your child, which include a sore throat, headache, and fever, along with a fine, pinkish or red body rash with a sandpapery feel. On darker skin, the rash can be more difficult to detect visually but will have a sandpapery feel. Contact NHS 111 or your GP if you suspect your child has scarlet fever, because early treatment of scarlet fever with antibiotics is important to reduce the risk of complications such as pneumonia or a bloodstream infection. If your child has scarlet fever, keep them at home until at least 24 hours after the start of antibiotic treatment to avoid spreading the infection to others.
Chickenpox
Symptoms appear 1 to 3 weeks after being infected.
Infectious period: The most infectious time is 1 to 2 days before the rash appears, but it continues to be infectious until all the blisters have crusted over.
Symptoms:
1. Chickenpox is a mild infectious disease that most children catch at some time. It starts with feeling unwell, a rash and, usually, a fever.
2. Spots develop, which are red and become fluid-filled blisters within a day or two. They eventually dry into scabs, which drop off.
3. The spots first appear on the chest, back, head or neck, then spread. They don't leave scars unless they're badly infected or picked.
Measles
Symptoms appear 7 to 12 days after being infected.
Infectious period: From around 4 days before the rash appears until 4 days after it's gone.
Symptoms:
1. Measles begins like a bad cold and cough with sore, watery eyes.
2. Your child will become gradually more unwell, with a fever.
3. A rash appears after the third or fourth day. The spots are red and slightly raised. They may be blotchy, but not itchy. The rash begins behind the ears and spreads to the face and neck, then the rest of the body.
4. The illness usually lasts about a week.
5. Measles is much more serious than chickenpox, German measles, or mumps. It's best prevented by the MMR vaccination. Serious complications include pneumonia and death.
Mumps
Symptoms appear 14 to 25 days after being infected.
Infectious period: From about 6 days before swelling in the face until about 5 days after.
Symptoms:
- A general feeling of being unwell.
- A high temperature.
- Pain and swelling on the side of the face (in front of the ear) and under the chin. Swelling usually begins on 1 side followed by the other side, though not always.
- Discomfort when chewing.
· Your child's face will be back to normal size in about a week.
· It's rare for mumps to affect boys' balls (testes). This happens more often in adult men with mumps.
· If you think your child's testes are swollen or painful, see your GP.
Slapped cheek disease (also known as fifth disease or parvovirus B19)
Symptoms appear 1 to 20 days after being infected.
Infectious period: A few days before the rash appears. Children are no longer contagious when the rash appears.
Symptoms:
· It begins with a fever and nasal discharge.
· A bright red rash, like the mark left by a slap, appears on the cheeks.
· Over the next 2 to 4 days, a lacy rash spreads to the trunk and limbs.
· Children with blood disorders such as spherocytosis or sickle cell disease may become more anaemic. They should seek medical care.
German measles (rubella)
Symptoms appear 15 to 20 days after being infected.
Infectious period: From 1 week before symptoms develop until up to 4 days after the rash appeared.
Symptoms:
- It starts like a mild cold.
- A rash appears in a day or 2, first on the face, then on the body. The spots are flat and are pale pink on light skin.
- Glands in the back of the neck may be swollen.
- Your child won't usually feel unwell.
· It can be difficult to diagnose rubella with certainty.
Rubella can be prevented by the MMR vaccine.
Keep them away from anybody who's in the early stages of pregnancy (up to 4 months) or trying to get pregnant.
If your child has had contact with any pregnant women before you knew about the illness, you must let the women know, as they'll need to see their GP.
Whooping cough
Symptoms appear 6 to 21 days after being infected.
Infectious period: From the first signs of the illness until about 3 weeks after coughing starts. If an antibiotic is given, the infectious period will continue for up to 5 days after starting treatment.
Antibiotics need to be given early in the course of the illness to improve symptoms.
Symptoms:
· The symptoms are similar to a cold and cough, with the cough gradually getting worse.
· After about 2 weeks, coughing fits start. These are exhausting and make it difficult to breathe.
· Younger children (babies under 6 months) are much more seriously affected and can have breath-holding or blue attacks, even before they develop a cough.
· Your child may choke and vomit.
· Sometimes, but not always, there will be a whooping noise as the child draws in breath after coughing.
· The coughing fits may continue for several weeks and can go on for up to 3 months.
Hand, foot and mouth disease
Hand, foot and mouth disease is a common childhood illness that can affect adults. It usually clears up by itself in 7 to 10 days.
Check if it's hand, foot and mouth disease:
The first signs of hand, foot and mouth disease can be:
- a sore throat
- a high temperature, above 38C
- not wanting to eat
After a few days mouth ulcers and a rash will appear.
Ulcers appear in the mouth and on the tongue. These can be painful and make it difficult to eat or drink
Red spots, which develop into blisters, usually appear on the hands and feet
The blisters are grey in the centre and can be painful
The symptoms are usually the same in adults and children, but they can be much worse in adults.
It's possible to get hand, foot and mouth disease more than once.
If you're not sure it's hand, foot and mouth disease
Look at other childhood rashes.
Impetigo
Impetigo is a skin infection that's very contagious but not usually serious. It often gets better in 7 to 10 days if you get treatment. Anyone can get it, but it's very common in young children.
Check if you have impetigo
Impetigo starts with red sores or blisters. They quickly burst and leave crusty, golden-brown patches. These can:
• look a bit like cornflakes stuck to your skin
• get bigger
• spread to other parts of your body
• be itchy
• sometimes be painful
Sores (non-bullous impetigo) or blisters (bullous impetigo) can start anywhere – but usually on exposed areas like your face and hands
It's also common for blisters to start around your middle
The sores of blisters burst and form crusty patches
Norovirus (vomiting bug)
Norovirus, also called the "winter vomiting bug", is a stomach bug that causes vomiting and diarrhoea. It can be very unpleasant, but usually goes away in about 2 days.
Check if you have norovirus
Symptoms:
· feeling sick (nausea)
· diarrhea
· being sick (vomiting)
You may also have:
· a high temperature of 38C or above
· a headache
· aching arms and legs
The symptoms start suddenly within 1 to 2 days of being infected.
How to treat norovirus yourself
You can usually treat yourself or your child at home.
You should start to feel better in a day or two.
Discrimination and Behaviour
We don't tolerate any discrimination whatsoever in our Hartbeeps sessions. Parents and caregivers should ensure that their behavior is entirely appropriate at all times, and refrain from behaving in a discriminatory or disruptive manner or a way which is likely to cause offence to anyone else. This includes refraining from using bad language. All parents and caregivers are required to show respect to all session leaders and attendees of Hartbeeps sessions.
We have the right to ask anyone who is behaving other than in accordance with this policy to leave. In these circumstances, we may terminate your future Hartbeeps sessions without any refund. We reserve the right to refer any of these matters to the police.
Insurance and DBS
Session leaders have public liability cover with a value of up to £5,000,000, along with a valid Disclosure and Barring Service (DBS) check.
Safeguarding Children
Hartbeeps takes child protection very seriously and we adhere to a company safeguarding policy.
Intellectual Property
Many elements of the Hartbeeps sessions are subject to intellectual property rights (including copyright and related rights) and it is therefore forbidden to copy and/or reproduce any part of the session protected by intellectual property rights without our prior written permission.
Video/Photos
Filming and photos of your child/children during class is permitted, however please be sensitive to other families who may not wish their child to be filmed or photographed.
The Hartbeeps session leader may request that photography or filming is stopped. Their decision is final, and continued participation in the class is contingent upon complying with the session leader's instructions.
We will sometimes request that promotional film and photography is taken during classes, but we'll give you due notice and permission will be sought from families in advance.
By booking with us you agree to the terms and conditions and take full responsibility for the wellbeing of your child/children during classes.
Our legal liability
We take our legal responsibilities seriously, and in the unlikely event that anything goes wrong, nothing in these Terms and Conditions excludes or limits our liability for:
· death or personal injury caused by our negligence;
· fraud or fraudulent misrepresentation; and
· any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the Terms and Conditions between you and us became binding (i.e. when the confirmation email for that booking was issued).
Our Hartbeeps sessions are only intended for private attendance and enjoyment, and as a result we won't have any liability to you for any commercial or business losses, including any loss of profit, loss of business, business interruption, or loss of business opportunity.
Save as otherwise set out in these Terms and Conditions, our maximum liability to you under these Terms and Conditions in respect of any particular booking will be limited to the value of that booking.
We endeavor to provide the same session leaders throughout each half term, but we cannot guarantee that the session leaders will remain the same, and we reserve the right to change the session leaders from time to time.
Complaints Procedure
Stage 1
If a parent or caregiver is concerned about anything to do with the sessions or classes that we are providing, they should, in the first instance, discuss the matter with their child’s session leader. Most concerns can be dealt with this way. We strive to ensure that each child is happy during our sessions; any problems or concerns expressed will be taken seriously and resolutions will be implemented as necessary.
Stage 2
In the unlikely event you are not satisfied with the outcome of Stage 1, the parent or caregiver may discuss the matter with Hartbeeps or make a written complaint to us via email. We will treat all complaints seriously and will investigate each case. A written response will be provided to the parent or caregiver within 21 days informing them of the outcome or inviting the parent or caregiver to a meeting to discuss the matter further. An agreed written record of the discussion will be made, confirming any decision and outcomes as well as any action to take as a result.
Breaches of these Terms and Conditions
If you breach these Terms and Conditions, we may immediately do any or all of the following:
· issue a warning to you;
· temporarily or permanently withdraw your right to attend Hartbeeps sessions without refunding or compensating you;
· issue legal proceedings against your for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs); and/or
· take further legal action against you.
Changes to these Terms and Conditions
We may make changes to these Terms and Conditions from time to time (if, for example, there is a change in the law that means we need to change these Terms and Conditions) but the Terms and Conditions applicable at the time of your booking will apply to that booking. Please check these Terms and Conditions regularly to ensure that you understand the Terms and Conditions that apply at the time that you access and use the booking system.
Other information
Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
There are certain circumstances outside of our control in which we may be unable to deliver the Hartbeeps sessions to you. These are known as "force majeure" circumstances, and include the following: fire, flood, lightning, storm, earthquake or other similar event or Act of God, national emergency, war, act of terrorism, riot or criminal act or damage, strike, lockout or other industrial action, communication failure or any other event beyond our control. In these force majeure circumstances, we will make efforts to supply the Hartbeeps sessions in the same place, but where we are unable to, our obligations to you under this contract will be suspended, and our inability to provide the services will not constitute a breach of these Terms and Conditions.
These Terms and Conditions are made between you and us, but are also made for the benefit of our head franchisor, Soundplay Music Limited ("Franchisor"). It is intended that the Franchisor may enforce the benefits conferred on it under these Terms in accordance with the terms of the Contracts (Rights of Third Parties) Act 1999. Apart from the Franchisor, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Terms and Conditions are governed by English law.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions.
If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
Please note that we have also published our Privacy Policy and Terms of Use on our website, which apply to any booking and whenever you access our website. We will use any personal information that you provide us with in accordance with our Privacy Policy.
To the extent that these Terms and Conditions conflict with any other terms and conditions which apply to you as part of our booking process, these Terms and Conditions shall take precedence.