Terms and Conditions of Enrolment
Terms of this Contract In this indefinite term Contract, the word “The Social Edge” and “Centre” are synonymous and refer to THE SOCIAL EDGE PTY LTD being the registered name (reg nr:2012/067407/07).
1. The person/s whose details appear in the Enrolment Form and this Contract, declare that he/she/they are the Parent/s or legal guardian/s of the Child/Children, whose details also appear in the Enrolment Form and this Contract. The rights and obligations contained in this Contract are binding on every person who signs this Contract and must be carried out for the Children to be successfully enrolled and retained at the Centre. The right of entry to the premises of THE SOCIAL EDGE PTY LTD TRAINING CENTRE, is reserved. All persons and children who enter the premises of CURIOUS MINDS STIMULATION CENTRE do so entirely at their own risk. The parents of children who enter the premises, and the parties to this agreement, undertake to observe the rules of THE SOCIAL EDGE PTY LTD TRAINING CENTRE which rules are incorporated in this agreement by reference.
2. By signing, initialling or otherwise entering this Contract you agree to the terms and conditions contained in this document as well as any terms and conditions. If there is any provision in this Contract that you do not fully understand, please ask for an explanation before signing.
2.1 You declare that you have read and understood the Policies of the Centre as adopted and published by the Centre from time to time and agree to abide by these policies. The Centre undertakes to make copies of all policies available on THE OCIAL EDGE’S website.
2.2 You undertake to comply with all the rules and regulations of the Centre and acknowledge that it is your responsibility to make yourself familiar with the policies.
3. Hours of Operation
3.1 The training centre’s training hours are from 09h00 to 03.30pm Monday to Friday.
3.2 We will be open throughout the year excluding: All public holidays and long weekends. Should the public holiday fall on a Thursday the Centre will be closed on Friday, or if the holiday is on a Tuesday we will be closed on the preceding Monday.
3.3 The Social Edge will publish course dated timeously for each an upcoming course on their website.
4. Fees
4.1 Fees for the enrolled course must be paid in full prior to admission to secure a seat in the course training.
4.2 Failure to pay for the course on enrolment will result in the position being allocate dot another delegate.
4.3 The Social Edge, does not offer any payment plans for short courses.
4.4 Any courses that extend over 2 months or more can be paid in full prior to the new module being taught on agreement with the owners/director/course moderator.
4.5 Failure to adhere to clause 4.3 will result in the immediate suspension of the delegate by The Social Edge for further continuation in the designated course until such time as the course fee has been paid in full.
5. Termination and Notice Requirements:
5.1 You have the right to cancel this contract at any time, for any reason, provided that you give the Centre 14 days’ notice in writing prior to the commencement of the course in writing, of this intention to qualify for a full refund of the course.
5.2 If A delegate cancels after 14 days has lapsed prior to the commencement of enrolled course, the delegate forfeits 50% of the course fee paid.
5.3 If a delegate cancels 7 days prior to the commencement of the enrolled course, the delegate forfeits the full fee paid for the course.
5.4 If the delegate is unable to attend the enrolled course on the registered course date for unforeseen circumstances, the delegate has the election to participate in the next available training course date.
5.5 If the delegate elects not to enrol in the next available course as contemplate din clause 5.4, the delegate then forfeits 100% of their course fee.
5.6 The Social Edge Training Centre also has the right to cancel this contract at any time, for any reason, if it gives you reasonable notice, in writing, of its decision to cancel the specific course.
5.7 In the event that The Social Edge does cancel a course for unforeseen reasons, it undertakes to organise and alternative training course date for the delegates within a reasonable time of 30 days from date of “Notice of Cancellation”.
5.8 In the even that The Social Edge fails to comply with clause 5.7, it will be liable to refund the delegate the 100% course fee.
5.9 If the delegate refuses to attend the alternative course date contemplated in clause 5.8, the delegate agrees to forfeit 50% of the course fee paid to The Social Edge Training Centre.
5.10 The Social Edge reserves the right to charge a 10% administration fee if a delegate cancels their enrolled course.
5.11 The Social Edge may cancel this contract immediately and has no obligation to return any fees to you if you are in material breach of any of your obligations and have not (in the case of a breach which is capable of remedy) remedied the material breach within fourteen (14) business days of a notice from the Centre requiring you to remedy the breach.
5.12 For purposes of this contract, a material breach is considered to exist where you:
5.12.1 Fail to uphold the Policies and/or Rules of the Centre.
5.12.2 Fail to pay any fees when due.
5.12.3 Fail to fulfil all legal requirements necessary for you or your Child to attend the training course, if
5.12.3 (a) The delegate or child Act in such a way that you or the Child become seriously and unreasonably uncooperative with The Social Edge and in the opinion of the Director/course moderator you or your Child’s behaviour negatively affects the process of training at the Centre, the well-being of Centre staff, or brings the Centre into disrepute.
5.12.3 (b) If it becomes necessary for The Social Edge to institute any legal proceedings to recover any fees owing to it by the delegate or Parent, The Social Edge shall be entitled to recover from the Delegate/Parent/Guardian all legal costs incurred by it on the attorney and client scale.
6. Protection of Personal Information (POPI):
6.1 The Parent/guardian/delegate agrees to his/her personal contact details such as cellular phone numbers and email addresses be entered into the Centre’s registry for the purpose of the direct marketing of The Social Edge.
6.2 It is further agreed that the Centre shall NOT be entitled to make these details available to third parties without the Delegate/Parent’s/Guardians express permission.
6.3 By entering this contract, and unless you at any time instruct The Social Edge expressly and in writing to the contrary, your consent is given for The Social Edge to:
6.4 Collect, store and process credit information about you and any Third Party or divorced or separated Parent responsible for payment of any or all amounts comprised in the Fees.
6.5 Collect, store and process names, contact details and information relating to yourself and your Child, and a responsible person engaged or authorized by The Social Edge for Centre-related purposes to the extent required for the purpose of managing relationships between The Social Edge delegate/parents/guardians.
6.6 Include photographs, with or without the delegate/child’s name, for Marketing or in press releases to celebrate, achievements or successes.
6.7 The Centre may not distribute or otherwise publish any of your personal information in its possession, unless you give your consent, in writing, to the Centre that it may do so. Should this be the case, the Centre may only distribute or otherwise publish the information specified in your consent to the people and for the purpose stated in your written consent.
7. Alternative Dispute Resolution:
7.1 Any dispute concerning or arising out of this Contract must be resolved in terms of this clause. Any party concerned must first seek an amicable resolution by written notice (indicating also that party’s designated representative) to the other or others, whereupon each will within five days of the notice refer the dispute to a designated representative to negotiate and resolve with the other or others within fifteen days.
7.2 If negotiation fails, any party may then within ten days of such failure refer the dispute for resolution by mediation under the rules of the Arbitration Foundation of Southern Africa (“AFSA”) or its successor or body nominated in writing by it in its stead.
7.3 If mediation fails, any party may then within ten days of such failure refer the dispute for resolution by arbitration (including any appeal against the arbitrator’s decision) by one arbitrator (appointed by agreement by the parties, or, failing agreement within ten days of the referral, by AFSA) as an expedited arbitration in [Note: Insert city or area chosen] under the then current rules for expedited arbitration of AFSA.
7.4 This clause will not preclude any party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict or mandamus pending finalisation of this dispute resolution process.
7.5 This clause is a separate, divisible agreement from the rest of this Contract and will remain in effect even if the Contract terminates, is nullified, or cancelled for any reason.
8. General:
8.1 You choose the residential address set out in the Enrolment Form as your chosen legal address for the service of all notices and legal processes and the postal and email addresses for all other communications by The Social Edge to you.
8.2 You confirm that all the particulars that you may furnish or that you have furnished to The Social Edge on this contract or otherwise from time to time are or will be, to the best of your knowledge and belief, full, true, and accurate.
8.3 You undertake to advise The Social Edge in writing of any changes to the details included in this contract.
9. Jurisdiction and Governing Law:
The contract between you and the Centre is governed by South African law. You agree that the Centre, at its option but without being so obliged, will be entitled to institute any legal proceedings for the recovery of any monies owing by you as a liquidated debt or debts to the Centre in any magistrate’s court having jurisdiction, in terms of the Magistrates’ Courts Act, notwithstanding and as an exception to the agreement regarding the submission of disputes to alternative dispute resolution in clause.
10. Variations:
We reserve the right to change or add to these terms and conditions from time to time for legal, safety or other substantive reasons or to assist the proper delivery of education at The Social Edge. The Centre will give you at least a term’s notice of any such modifications.
11 Partial Invalidity:
Each term and condition contained in this agreement is separate from the other terms and conditions in the sense that if anyone is determined to be illegal and unenforceable, it will simply be disregarded and of no force and effect, but the agreement will otherwise remain valid.
12 Disclaimers:
12.1 You acknowledge that The Social Edge does not take any responsibility for any of the following: Theft, loss, damage or destruction to any property of whatever nature (including personal possessions) brought on to the Centre premises by the delegate, unless it can be proved that: • The Centre or its staff treated the property as their own, and/or •The Centre or its staff did not exercise care, diligence and skill that can reasonably be expected.
13 Indemnity and Release and Waiver of Liability Agreement
13.1 Release, Discharge and Covenant not to litigate: The delegate/Parent(s)/Guardian referred to in this contract hereby release The Social Edge Pty Ltd and their respective affiliates, employees, and agents (all referred to as “releases”) from any and all actions, claims, demands and liability now or at any time hereafter arising out of their enrolment at The Social Edge or his/her presences on the premises whether caused by negligence or otherwise. The Delegate/Parent/Guardian hereby agree to not make a claim against, litigate, or attach the property of any of the releases for any injury, death, damages including any special or consequential damages resulting from or arising out of any acts or omissions of releases, including without limitation any negligence, of releases.
13.2 The Delegate/Parent(s)/Guardians further agree to defend, indemnify, and hold harmless The Social Edge Pty Ltd and its affiliates, employees and agents against all actions, claims, demands and liabilities (including court costs and attorney’s fees) related to any injury, death, damages to property, damage resulting from or arising from any participation in Centre activities or his/her presence on the premises of 25 5th Avenue, Edenvale, Johannesburg. In view of this, all persons in charge of the Children at the Centre have been instructed to take every precaution to the best of his/her ability to ensure the Children’s safety. However, neither they nor any persons connected to The Social Edge will accept any liability for any claims arising from any accident or injury to the Children due to criminal acts or acts of negligence by outsiders or incidents that fall outside the responsibilities and duties of the acting with due diligence and care and in the course and scope of their duties. Furthermore, the Delegate/Parent/Guardian agrees to waive and abandon any claims, which may, at any time, arise as aforesaid, both in the Delegate/Parent’s/Guardians personal capacity, and in the Parent’s capacity as a Parent or as guardian of the Children, and the Parent expressly indemnifies the supervisor or such authorized person against any claim which may arise or be instituted unless criminal negligence is proven against such supervisor in a court of law.
13.3 The Delegate/Parent/Guardian agrees that in an emergency requiring medical attention or hospitalization, the supervisor/director/course moderator/employee of the training group, or, in her absence, any other responsible person connected with it, may give the required permission, and sign the necessary consent for the Delegate/Child to be subjected to surgery or other medical treatment, provided that this will be executed on the advice, and under the supervision, of a medical doctor. Furthermore, the Delegate/Parent/Guardian accepts responsibility for and agrees to bear all medical costs and expenses in relation to the Parent’s Child under these circumstances.
13.4 The Social Edge Pty Ltd, its members, officers, agents, servants, and employees accept no liability whatsoever, and without prejudice to the generality of the aforesaid, for any damage (whether consequential or otherwise), or injury to any person being transported from one place to another place by, or at the instance of The Social Edge or any of the persons aforesaid, whether within the normal hours of The Social Edge charge of the Children.
13.5 The signatory/ies to this agreement, by his/her signature confirms that he/she accepts that The Social Edge and the persons aforesaid accept no liability as aforesaid and indemnifies and holds The Social Edge and the persons aforesaid absolved from any such liability.
13.6 I am aware that The Social Edge arranges and oversees internal as well as extramural activities, such as playground games, excursions, and educational visits for the learners.
14.1 Whilst The Social Edge undertakes to take the necessary and reasonable precautions to ensure delegate/child’s safety and well-being during Centre hours and during all activities, the Centre is only able to guarantee the safety and well-being of my child within reasonable limits.
14.2 I give permission for my child to participate in all officially organized and curricular activities of the The Social Edge. Should I intend to withdraw this approval, or should there be an impediment against my child’s participation in any of the aforesaid activities, I will notify The Social Edge in writing accordingly.
14.3 I confirm that, to my knowledge, my child enjoys good health and is physically able to participate in the activities offered by The Social Edge provided that the relevant factors and disabilities of my child have been disclosed to The Social Edge in writing, should be considered by the Centre.
14.4 I give my permission that, should my child be transported by motor vehicle in the event of an emergency or in the activities offered by The Social Edge, such transportation will be undertaken by duly licensed and legal transport operator, employee of The Social Edge or parent with whom explicit prior arrangements for such purposes had been made.
14.5 I give my permission that, should medical treatment or surgical intervention for a delegate/child be required, and The Social Edge, after reasonable attempts, had been unable to contact me or my designated contact person (whose identity and particulars appear in the application for admission to the Centre, the course moderator/director, or the most senior staff member on her behalf, may consent on my behalf for the medical treatment or surgical intervention.
14.6 I accept that, in the event of an injury to a delegate/child, I will be held liable for payment of all expenses, medical bills and/or hospital bills which The Social Edge may incur on the delegate/child’s behalf. 16.15 I indemnify The Social Edge, its members, members of the board of control and employees against damages and claims which may result from damage to, or loss of property, physical injury, illness or death me as the delegate or my child, flowing from my/child’s participation in, and transportation to or from any activities offered by The Social Edge as well as curricular business, irrespective whether it is caused by a negligent act or omission by any indemnified party.
I HAVE CAREFULLY READ THIS VOLUNTARY RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT IT IS A RELEASE OF ALL CLAIMS. I HAVE EXECUTED THIS RISK VOLUNTARILY.
15. Declaration
15.1. Do hereby declare that I/we have read and understood this Contract, including the Policies of The Social Edge Training Centre, the Fee Structure Agreement.
15.2. Do hereby agree to accept and abide by the terms and conditions governing The Social Edge with which we declare ourselves fully acquainted.
15.3. Do hereby declare that all the information provided in this Contract and the Enrolment Form is true and correct.
15.4. In consideration for the Centre’s undertaking to provide the services contained in this Contract and the Centre’s Policies, the Parent agrees to pay the fees and related costs as agreed to The Social Edge on or before due date, unless otherwise arranged by the Parties.
