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Terms and Conditions

1. Introduction

 

1.1 Welcome to Nature Makers®, the UK's leading provider of Mindful Nature Art, Craft & Play experiences for children and adults. 

 

1.2 We are Nature Makers Ltd, a company incorporated and registered in England with company number 12338351 whose registered office is at 32 Maypole Road, Warton, Tamworth, United Kingdom, B79 0H (“Nature Makers® HQ”). These terms and conditions (the “Terms”) govern your use of our website.

 

1.3 In addition to operating this website, Nature Makers HQ, together with our network of local franchise operators (“Franchisee(s)”) provide classes, events and parties (together referred to as “Sessions”) to you, our customers. These Terms constitute the contract between Nature Makers HQ or our relevant Franchisee and you in relation to any bookings for Sessions.

 

1.4 In these terms, any reference to “we”, “us” or “our” means either Nature Makers HQ, in relation to the provision of the website only, or our applicable local Franchisee, in relation to the provision of local services e.g. classes and events. Any reference to “you” or “your” means you, the person accessing and using our website and/or booking Sessions with our Franchisees. By using this website and/or booking Sessions you agree to be bound completely by these Terms.

 

1.5 Please note that any bookings for Sessions whether made via this website, via our booking provider or made offline/in person are made directly between you and our relevant Franchisee, not Nature Makers HQ. Nature Makers HQ, will not be liable for any claim made against it in respect of any services performed by a Franchisee and you should therefore address any service issues with the applicable Franchisee. For the avoidance of doubt any reference to “we”, “us” or “our” when referring to the delivery of an in person service e.g. class or event, means our Franchisee, not Nature Makers Ltd.

 

1.6 We suggest that before you make a booking on our website, you read through these Terms. If you have any questions concerning them, please ask us. We may update these Terms from time to time and the Terms that will apply to your booking are the terms that are in force at the time of making your booking.

 

1.7 In using this website, making a booking with us and agreeing to our Terms you agree that you are over the age of eighteen (18) and have the capacity to enter into a contract in the United Kingdom.

 

2. Services

 

2.1 Our aim is to always provide you with Sessions: 

 

2.1.1 using reasonable care and skill; 

 

2.1.2 in compliance with commonly accepted practices and standards in our industry; and 

 

2.1.3 in compliance with all applicable laws and regulations in force at the time we are to carry out the services.

 

2.2 Our Sessions are subject to availability, and we reserve the right to modify, suspend, or discontinue any aspect of the Sessions at any time without prior notice.

 

2.3 Please note that our Sessions are occasionally aimed at specific age ranges. You should ensure that you understand the age group associated with any Session that you are booking and contact us in advance of making any booking if you are in any doubt about the suitability of a Session for a particular individual.

 

3. Your General obligations 

 

3.1 When attending a Session, you must (and must ensure that any children that you bring to or leave at an event): 

 

3.1.1 co-operate with us in all matters relating to the provision of the Session; 

 

3.1.2 provide us with such information that we may reasonably require in order to deliver the Session safely; 

 

3.1.3 comply with all applicable laws (including health and safety laws) and any rules, restrictions, notices or instructions applicable to or given at the location at which we are to provide the Session including, in particular, any applicable Government advice regarding safety, face coverings and safe distancing from others; 

 

3.1.4 behave in a safe and appropriate manner and ensure that equipment is used safely and in accordance with any instructions given by us. Should we deem the actions of any attendee to be a safety concern, the attendee will be removed from the activity, informed to leave the Session (or you will contacted to collect them) and no refund will be provided. Please note that for certain age groups, close adult supervision of children is required for all arts and crafts activities and activities that take place outdoors in a natural setting and/or using natural objects;

 

3.1.5 refrain from attending a Session in the event that you (or your children attending the Session) are unwell or showing signs of illness; 

 

3.1.6 ensure that you look after your personal belongings at all times. We will not be held responsible for any loss, theft or damage to them during the Session;

 

3.1.7 ensure that you bring to our attention prior to a Session, any known allergies, physical or mental conditions that apply to you or any attendees for whom you are making the booking. Where appropriate, you must remove yourself or your child from an activity that you deem unsuitable for your/their abilities or that might pose a risk to you, them or other attendees; and 

1. ensure that, if you intend to take photographs or videos during the Session: 

a) the consent of all persons who may feature in such photographs or videos (or, in the case of children, their parent(s), carer(s) or guardian(s)), is obtained prior to doing so; and 

b) any photographs or videos taken are retained for personal use only. 

 

3.1.8 does not pick and/or use any object, natural or otherwise, that you/they do not:

a) have permission to do so; and

b) know to be safe for use.
 

4. Specific obligations regarding public classes and events

 

4.1 We charge for each Session we run and our charges are as set out on our website, the booking platform or as may be intimated to you by a Franchisee.  Payment for each Session is required in full at the point of booking. You will not be permitted to attend a Session if payment has not been made in advance.

 

4.2 We will provide the Services at the location relevant to the Session you have booked. This information is available via our online booking system, on our website, or can be provided on request. You should ensure that you are aware of the location of the Session that you are attending prior to completing the booking. We will not be held responsible for any errors made by you during the booking process.

 

4.3 If a Session has to be cancelled by us, then as much notice will be given as possible via the email address you provided in the booking process. An alternative date for the Session will be given, but if this is not convenient, a full refund (less booking fees) will be issued to you.

 

4.4 If you are unable to attend the Session you have booked for any reason, you may cancel your booking via the booking system. In the event of cancellation by you, , you will not be entitled to any credit or refund. However, an applicable Franchisee may at their discretion (but without any obligation) either: (i) provide a credit towards any future Session(s) to be operated by that franchisee over the following twelve (12) months; or (ii) permit you to transfer your booking to a third party.

 

4.5 The provisions of Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (concerning your right to cancel) do not apply to the contract between us, on the basis that the contract falls within the exemption set out in section 28(1)(h) of those Regulations (services related to leisure activities where the contract provides for a specific date of performance).

 

5. Specific obligations regarding private parties and events

 

5.1 You, as the host of the private party or event shall be responsible for booking the venue and shall notify us no later than fourteen (14) days prior to the Session of the location of the party or event and any potential issues with access to, parking at or general use of the venue for the Session. 

 

5.2 You shall ensure that the number of attendees at the party or event do not exceed the number agreed by us when accepting your booking.

 

5.3 We will confirm the price and any other charges to you orally, in writing, or via our booking system prior to you proceeding with the booking. Our charges are calculated on the  basis of us providing the Session for a maximum period of one (1) hour, unless otherwise agreed with the applicable franchisee.  Our charges also cover the setting up (up to 30 minutes before) and clearing away of the activity after the Session. 

 

5.4 When booking a private party or event, we will require you to pay a deposit equal to fifty percent (50%) of the booking fee in order to reserve the date (the “Deposit”). Your booking will  not be confirmed until you have done  so.  

 

5.5 The balance of the price (and any other charges) must be paid no later than two  (2) weeks prior to the Session. If the outstanding balance is not paid then we reserve the right to cancel the booking without refunding the Deposit.

 

5.6 If, for any reason, we cannot provide  the Session at the agreed date and time, we will provide you with as much notice as is reasonably possible and arrange (if possible) for another Franchisee to provide the Session. In the event that an alternative Franchisee is not available,  you can cancel the contract, in which case we will provide you with a full refund (including the Deposit, less any booking fees incurred by us).  

 

5.7 If you wish to cancel your booking, you must notify us as soon as possible. If you cancel your booking more than two (2) weeks prior to the date that we are to deliver the Session, we will be  entitled to retain the Deposit,  however we will provide you with a  full refund of any other monies paid to us in connection with the booking.  

 

5.8 If you wish to cancel your booking less than two (2) weeks prior to the arranged date, we shall endeavour to re-arrange your booking to another suitable date and/or arrange for your booking to be fulfilled by an alternative Franchisee who may have greater availability. If we are able to re-arrange and/or transfer your booking, an administration charge of £50 shall be payable by you in order to secure the re-arranged date and time. 

 

5.9 If you do not wish the Session to be re-arranged, please note that we will be entitled to retain the price in full on the basis that we will have committed staff and resources to assisting you with the planned private party or event and may not be able to re-sell the proposed party or event date, resulting in us incurring loss.

 

5.10 The provisions of Part 3 of the  Consumer Contracts (Information,  Cancellation and Additional  Charges) Regulations 2013  (concerning your right to cancel) do  not apply to the contract between us,  on the basis that the contract falls  within the exemption set out in  section 28(1)(h) of those Regulations  (services related to leisure activities  where the contract provides for a  specific date of performance).  

 

6. Our right to refuse entry 

 

6.1 We reserve the right to refuse participation in a Session at any time, to anyone, for any reason.

 

6.2 You and, where applicable, your children, will expressly not be permitted to attend and take part in a Session: 

 

6.2.1 if we, in our reasonable opinion, believe that you and/or your children are showing any signs of illness; 

  

6.2.2 if we, in our reasonable opinion, believe that you are under the influence of drugs or alcohol; or 

 

6.2.3 if you have not paid for the Session in advance. 

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7. Promotions, Discounts and Gift Vouchers

 

7.1 Any promotions advertised via our website or via your local Franchisee are subject to change without notice and can be redeemed only through the applicable Franchisee that offered the applicable promotion or discount.

 

7.2 Gift vouchers purchased from our website are for classes only (not any public events, private events or private parties) at all of our operating franchise locations (unless otherwise stated). Gift vouchers purchased directly from a Franchisee are only redeemable with that Franchisee unless otherwise stated. Franchisees and Nature Makers HQ are different companies and transferring gift vouchers between them is not possible.

 

7.3 Gift vouchers are valid for twelve (12) months from date of purchase unless the “valid until” date on the relevant gift voucher states a different date. No refunds are available on gift vouchers which are not redeemed within the applicable valid until period.

 

7.4 To redeem gift vouchers against a booking of a class, the reference number must be quoted when making a booking online, if purchased from the website or if purchased direct from a Franchisee you must provide the Franchisee with the relevant reference number, by email. 

 

7.5 Should a Franchisee (or Nature Makers HQ itself) cease trading, any gift voucher issued by the relevant Franchisee (or Nature Makers HQ itself) shall no longer be valid and cannot be redeemed, no refund will be given in these circumstances.

 

8. Exclusion and limitation of liability 

 

8.1 We do not exclude or limit liability for our negligence or negligent omission which causes personal injury or results in death. 

 

8.2 Subject to clause 8.1 above, we shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of these Terms. Our liability to you in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with the contract between us shall not extend to any loss of profit, loss of enjoyment or amenity or any special, indirect or consequential loss or damage whatsoever. 

 

8.3 We have obtained public liability insurance cover not exceeding Two Million Pounds (£2,000,000) per claim. For matters covered by this insurance, our total liability to you shall therefore not exceed Two Million Pounds (£2,000,000). For all other matters, our total liability to you shall not exceed the price paid by you for the Session. In each case, our total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this contract. 

 

9. Use of our website

 

9.1 To access certain features of our website or services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and agree to accept responsibility for all activities that occur under your account.

 

9.2 We reserve the right to modify or discontinue this website or any part or content of this website, without notice at any time. We shall not be liable to you or to any third-party for any modifications made. We reserve the right to correct any errors, inaccuracies or omissions, and to update information or cancel bookings if any information on our website is inaccurate (including after you have made a booking).

 

9.3 You agree that you shall not use (or attempt to use) our website for any unauthorised purpose or illegal activity. You must not transmit or introduce any codes of a destructive nature including worms or viruses into our website.

 

9.4 We strive to provide accurate and reliable information; however, we do not guarantee that access to our website will be error-free or uninterrupted. We make no warranties, representations, statements or guarantees (whether express or implied) regarding our website or the information contained on our website. We are not liable for the accuracy or completeness of information contained on our website

 

9.5 We shall not be responsible for and disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of our website or any information contained on our website.

 

9.6 We are not liable for any harm, liability or damage that you suffer or incur in relation to third-party websites linked to from our website. Any links to third-party websites contained within our website are beyond our control. 

 

9.7 Some content on our website is edited by Franchisees themselves, as such Nature Makers HQ  cannot guarantee the accuracy of these updates and make no warranties, representations, statements or otherwise regarding them.

 

9.8 You are not entitled to create a hyperlinked text from your website to our website unless prior written consent has been given by us. Please contact us for approval prior to linking to our website.

 

10. Intellectual Property

 

10.1 All content on our website that is not attributed to another owner is the sole copyright of Nature Makers HQ including but not limited to all logos, graphics, text, and images.

 

10.2 You may not copy, reproduce,  duplicate, distribute, plagiarise, sell, modify, republish or otherwise exploit any content of our website for any reason without our prior written consent. 

 

11. Communicating with us 

 

For important matters we suggest that you use writing and send any communications by email to  Hello@Nature-Makers.co.uk. Alternatively, you can contact any Franchiser with whom you have been dealing using the contact information provided by them. If we wish to send you a letter or notice we will use the address you provided upon making your booking.

 

12. Your data 

 

We are committed to protecting the privacy and security of your personal information. Full details of this commitment, including how we collect and use your personal information in compliance with the Data Protection Act 2018, is contained within our Privacy Notice, available here: https://www.nature-makers.co.uk/privacy-policy.  

 

13. Termination

 

Any breach or violation of any of these Terms will result in an immediate termination of any bookings made by you.

 

14. Contracts (Rights of Third Parties) Act 1999 

 

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions. 

 

15. Law and jurisdiction 

 

This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.

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