Terms & Conditions – Parents
1.1 “Carer” means the person / persons who attend the course or any part of it, with the pupil.
1.2 “Parent” means a parent or legal guardian who will be responsible for the payment of the Fees and who is the contracting party to this contract.
1.3 “Hākinakina” means the company whom you have entered into this agreement with.
1.4 “Course” means the Hākinakina course, camp, club or session described on our website.
1.5 “Registration Form” means the form relating to the enrolment or re-enrolment of the pupil on the course.
1.6 “Fee” means the monetary cost per course as specified on the enrolment form.
1.7 “Coach” means the individual(s), contracted or employed by Hākinakina to teach the course.
1.8 “Premises” means the premises where the course takes place.
1.9 “Pupil” means the child attending the course, whose details are specified by the Parent or Carer on the Enrolment Form.
1.10 “Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Hākinakina and the Parent.
1.11 “Make Up Class” refers to an extra session, granted in accordance to the Hākinakina terms & conditions, in response to a course class being missed by the enrolled child.
2. Acceptance of Terms and Conditions
2.1 All agreements relating to the teaching of the Course by Hākinakina to the Pupil are subject to these Terms to the exclusion of all other terms and conditions.
2.2 No variation or addition to the Terms shall be binding unless agreed in writing by Hākinakina and the Parent.
2.3 The Terms shall be deemed to have been accepted by the Parent upon payment of the Fee by or on behalf of the Parent. Payment by the Carer shall be deemed to have been made on behalf of the Parent.
2.5 The Parent and/or Carer agrees not to directly or indirectly manage, operate or assist in the organisation of any business which competes with Hākinakina while the Pupil is a member of Hākinakina and for a period of two years afterwards.
3. Bookings, Payments, Make up classes and Credit
3.1 Payments for Courses must be paid in full by the 1st day of attendance (for all pre-booked dates) unless a waitlist is in place in which case Hākinakina will notify you and this will be superceded by terms outlined under point 3.7.
3.2 Participants must pre-register prior to the start date of any Course to avoid disappointment as bookings are taken on a first come first serve basis.
3.3 Bookings can be made via telephone, email or through the registration page on our website. Once a booking is received, confirmation will be sent via email to the specified address.
3.4 Missing a Course does not warrant an automatic Make Up Class. Make Up Classes or credit must be requested at least 24 hrs before the start of the class. The issuing of a Make Up Class or credit is at the discretion of Hākinakina and subject to availability. Make Up Classes do not carry over from previous terms courses unless specified by Hākinakina.
3.5 Hākinakina reserves the right in its absolute discretion to refuse any ‘Make Up’ Class
3.6 Hākinakina does not issue refunds.
3.7 Hākinakina will notify parents if they are operating a waitlist in which case the payment deadline to secure your booking will change from what is specified in 3.1. to one of the following, depending on the type of Course booked (e.g. Holiday Camp, Ruby Club etc.). If payments are not made by the deadline Hākinakina may offer your place to someone on the waitlist.
3.7.1 Holiday Camp: Payments due 10 days prior to your booking.
4.1 Hākinakina may cancel this contract at any time before the Pupil commences the Course. Hākinakina shall not be liable for any loss or damage arising from such cancellation.
4.2 In the event of cancellation by Hākinakina prior to the commencement of the Course by the Pupil, Hākinakina may or may not refund any fees for outstanding classes.
5. Parent’s Responsibility
5.1 The Parent warrants and represents that:
5.1.1 The information set out in the Registration Form (whether or not completed and/or signed by the Parent) is accurate in all respects and the Parent will notify Hākinakina of any change in such information immediately.
5.1.2 When attending the Course, neither the Pupil nor the Carer will be suffering from any illness, disease or anything similar thereto.
5.1.3 The Parent acknowledges and agrees that the Pupil shall be deemed to be under the direction, care and control of the Carer throughout the course and the Carer shall be responsible for the welfare and conduct of the Pupil throughout the course and whilst the Pupil is on the Premises.
5.1.4 The Parent shall indemnify and keep indemnified Hākinakina against all loss (including loss of profit), liability, costs and expenses which Hākinakina shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Pupil.
6.1 In the event that Hākinakina determines the behaviour of the Pupil and/or the Carer to be unacceptable, Hākinakina shall be entitled to exclude the Pupil and the Carer (or either of them) from the course and Premises permanently or for such period as Hākinakina shall (in its entire discretion) determine. The 24 hr cancellation policy applies, a make-up session or credit can be issued for any sessions pre-booked after the 24 hr period.
6.2 The standard of behaviour which is to be regarded as unacceptable at a course or on Premises shall be determined by Hākinakina.
7. Exclusion of Liability
7.1 Except in the case of fraud and subject to clause 7 below, Hākinakina, its coaches, employees, contractors or agents accept no responsibility under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Parent, the Pupil or any other party arising directly or indirectly or in any way connected with the attendance of the Pupil at the Course (or any part of it) or any other act or omission on the part of Hākinakina or any of its coaches, employees, contractors or agents even if such act or omission is negligent.
7.2 The Parent agrees (for and on behalf of the Parent and the Pupil) that any claim by the Parent or the Pupil against Hākinakina or any coach, employee, contractor or agent of Hākinakina must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be time barred.
7.3 The Parent acknowledges, warrants and undertakes (for and on behalf of the Parent and the Pupil) that the maximum aggregate liability of Hākinakina to the Parent and/or Pupil under these terms shall not exceed the Fee.
7.4 All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of Hākinakina, its coaches, employees or agents or affects the statutory rights of the Parent or Pupil.
8. Additional conditions designed to adhere to the government’s COVID-19 safety guidelines:
8.1 Children displaying cold / flu-like symptoms and/or fever cannot attend the Course.
8.2 All Pupils will be scanned by Hākinakina’s contactless forehead thermometer gun prior to the start of each Course to ensure they do not have a fever. Pupils with ANY fever (as determined by the thermometer) cannot attend the course, will be sent home and not allowed to attend for 14 days. No credit will be issued for not being able to attend the first day. A credit will be issued for other sessions booked within the 14-day period.
8.3 The course will take place outdoors, use of the indoor toilet facilities will be permitted.
8.4 Children and coaches will wash their hands every time they use our indoor toilet facilities and will be regularly using hand sanitiser outdoors.
8.5 Swimming and contact sports cannot take place during this time.
8.6 As the Course will take place outdoors, Hākinakina will determine if it will be cancelled due to adverse weather conditions (light rain is not included) and will notify parents of cancellations by 8am on the day of the course. A credit will be issued in these cases. However if a parent chooses to cancel whilst the course is going ahead it will be treated as a parent cancellation.
8.7 Social distancing measures will be in place as per government guidelines.
8.8 Parents to ensure their children are aware and adhere to the social distancing measures and hygiene requirements (washing hands, regular use of hand sanitiser, no sharing food/drinks with other children etc.)
8.9 Children will be divided into group sizes determined by government guidelines.