Terms of service

THE HEART FOLK Terms of Service

Welcome to The Heart Folk.

The Heart Folk is a family-run nature-based education and community business founded by Ryan and Sarah Weeks in 2020. Our offerings are created to support connection, creativity, curiosity, wellbeing, practical life skills and meaningful experiences in nature and community.

By purchasing, booking, attending, participating in, or accessing any of our offerings, services, products, resources, workshops, programs, events, digital products or community spaces, you acknowledge that you have read, understood and agreed to the following Terms of Service.


1. Definitions

For the purposes of these Terms:

·       “The Heart Folk”, “we”, “our”, or “us” refers to The Heart Folk and its facilitators, mentors, contractors, representatives and operators.

·       “Offerings” refers to all programs, workshops, gatherings, mentoring, events, educational experiences, digital resources, memberships, products and services provided by The Heart Folk.

·       “Participant” refers to any child or adult attending or participating in an offering.

·       “Parent/Guardian” refers to the legal parent or guardian responsible for a participant under 18 years of age.

·       “Term Booking” refers to a committed multi-week enrolment.

·       “Casual Booking” refers to a once-off or short-term booking where offered.


2. Bookings & Payments

All bookings are considered final upon payment unless otherwise agreed in writing.

A place within an offering is only secured once payment or the agreed initial payment instalment has been received, with commitment to the full agreed term and amount.

Where payment plans are offered: the payment plan represents a commitment to the full term or agreed total amount; missed days, holidays, illness, withdrawal or non-attendance do not reduce the agreed payment obligation; overdue payments may result in suspension of attendance until resolved or an increased fee for additional administration.

The Heart Folk reserves the right to: cancel or refuse bookings; limit places available; modify pricing; remove participants where Terms are breached without compensation; and decline future enrolments where appropriate.


3. Refunds, Cancellations & Missed Sessions

Due to the limited capacity, preparation requirements, staffing and nature of our offerings: missed sessions are non-refundable and non-transferable; make-up sessions are not guaranteed; refunds are not provided for illness, change of mind, scheduling conflicts, holidays or non-attendance.

Where reasonable and possible, we may offer: alternative opportunities; or waitlist replacement options; at our sole discretion.

If a participant cannot attend, we request as much notice as possible.

Nothing in these Terms excludes or limits any rights or remedies that cannot lawfully be excluded under Australian Consumer Law.


4. Program Changes & Force Majeure

The Heart Folk reserves the right to modify, reschedule, relocate, adapt or cancel offerings where necessary due to: weather and natural disasters; collaborator availability or requirements; facilitator illness; safety concerns; property restrictions; environmental conditions; minimum number requirements; or unforeseen circumstances outside our control.

This may include adapting planned activities, locations or experiences.

Refunds, credits or make-up sessions are not guaranteed in these situations, subject to any rights that cannot lawfully be excluded under Australian Consumer Law.


5. Nature-Based Risk Acknowledgement

Participants acknowledge that The Heart Folk offerings often occur in outdoor, natural, community and adventure-based environments which may include: uneven terrain; climbing; water environments; wildlife and insects; sticks, tools and natural materials; changing weather conditions; physical movement and outdoor play; and reasonable and age-appropriate risk-taking experiences.

Parents/Guardians acknowledge and accept these inherent risks when participating in our offerings.

The Heart Folk takes reasonable steps to provide thoughtful supervision, risk assessment and safe facilitation practices; however, participation involves personal responsibility and acknowledgement of ordinary outdoor risks.


6. Medical, Health & Emergency Information

Parents/Guardians must provide accurate and current: medical information; allergy information; emergency contact details; and behavioural, emotional, developmental, safety or support information relevant to participation and group safety.

Participants who are unwell should remain home and families are expected to use reasonable care for others involved in our offerings, including our team.

If a participant becomes unwell, unsafe, unsettled or otherwise requires collection during an offering, Parents/Guardians may be required to collect them promptly from the program location.

In emergencies, The Heart Folk will attempt to contact the Parent/Guardian and may seek appropriate medical assistance where reasonably necessary.


7. Behavioural Capacity, Support Needs, Safety & Group Wellbeing

The Heart Folk operates as a small-group nature-based learning program and is not a therapeutic, disability-support, specialist intervention, behavioural support or one-to-one care service.

Participants are required to:
·       follow mentor instructions and safety boundaries;
·       respect others, locations, equipment, wildlife and environments;
·       contribute positively to the group dynamic; and
·       communicate respectfully.

Where behaviour places:
·       the participant;
·       other participants;
·       mentors;
·       venues, properties, wildlife or environments; or
·       the group dynamic

at risk of harm, or causes verbal or physical harm, Parents/Guardians may be contacted and required to collect participants immediately. No compensation, make-up sessions, credits or refunds will be provided in these circumstances, subject to applicable law.

Participation is suitable for children who can engage safely within the standard structure, supervision ratios, routines and support capacity of the program.

At this time, we are unable to accommodate participants who require:

·       one-to-one supervision or support;
·       individual behaviour management plans;
·       intensive behavioural, emotional, sensory or therapeutic support;
·       specialised disability support services; or
·       adjustments, accommodations or supervision beyond the training, experience and operational capacity of our team.

To support the safety, wellbeing and positive experience of all participants in our drop-off programs, Parents/Guardians must disclose any diagnoses, support needs, behavioural concerns, emotional regulation challenges, safety risks, known triggers, support plans or other factors that may impact participation prior to booking.

Failure to disclose relevant information prior to commencement, or relevant changes at any time during participation, may result in immediate withdrawal from the program without refund, subject to applicable law.

Acceptance into a program is at the discretion of The Heart Folk. Where relevant information is withheld, omitted or inaccurately represented, or where a participant's needs are determined to be beyond the capacity of the program after commencement, participation may be declined, paused or discontinued without refund, subject to applicable law.

The Heart Folk reserves the right to require immediate collection of a participant where their behaviour, support needs, emotional responses or safety risks impact the wellbeing, safety, learning experience or enjoyment of themselves, other participants, mentors, venues, wildlife, environments or the group dynamic.

Future offerings may become available for participants requiring additional support. Families interested in such offerings are welcome to register their interest via email. A minimum enrolment threshold may apply before such programs can proceed.


8. Transitions & Settling Into Offerings

Nature Class — Drop-Off, Travel & Settling

Nature Class is a drop-off and pick-up program involving participants travelling together with our mentors on Breeze, The Heart Folk bus, to and between program locations. Due to the nature and operation of the program, we do not have capacity for Parents/Guardians to attend alongside their child.

For younger children, our usual progression is to begin with Nurture Class and progress to Nature Class when they are ready for the additional independence, travel and group experience involved.

We recognise that travelling on Breeze for the first time can be a significant transition for some children. Where appropriate and operationally possible, The Heart Folk may offer for a Parent/Guardian to follow the bus and drop their child directly at the day's location for their first session or initial transition. This is dependent on the location, activity, accessibility and program requirements and cannot be guaranteed.

If a child is unsettled, upset or distressed at any time, we will contact their Parent/Guardian and work together to determine the most supportive next step. Where appropriate, this may include early collection from the program location.

Nurture Class — Transition & Settling

Nurture Class is a drop-off program. During a child's two-week paid trial period, where settling support is needed, one Parent/Guardian may remain until 10:00am (maximum one hour).

If the child is settled before this time, the Parent/Guardian is expected to leave. If the child remains unsettled or is not ready to separate by 10:00am, the Parent/Guardian will leave with their child and try again the following week.

We view this as a positive stepping stone and find that most children settle within the first two to three weeks when trust is built gently, consistently and without pressure or force.

Once transitioned, Parents/Guardians may not remain at the program location, as this can impact children, mentors, group dynamics, supervision, privacy, safety, insurance and program operations.

Mentors provide reasonable, age-appropriate support with separation, emotions, regulation and settling while remaining responsible for the group as a whole.

If a child is unsettled, upset or distressed at any time, we will contact their Parent/Guardian and work together to determine the most supportive next step. This may include reassurance and continued participation where the child is comfortable, or early collection where appropriate.

Our priority is for children to feel safe, nurtured, heard and supported as they build trust and confidence in their own time.


9. Required Intake Information, Waivers & Consents

All participants must have all required Intake Information, Waivers, Consents and participation forms fully completed and submitted prior to attending any The Heart Folk offering.

It is the Parent/Guardian's responsibility to ensure all required information is accurate, complete and current and to notify The Heart Folk of any relevant changes throughout participation.

Required information may include:
·       emergency contact information;
·       medical conditions and allergies;
·       medications;
·       behavioural, emotional, developmental or support considerations;
·       safety considerations and known triggers;
·       permissions and consents; and
·       other information reasonably required for safe participation.

Where required forms or information have not been completed prior to attendance, The Heart Folk may refuse participation until all requirements have been satisfied.

Any session missed or refused due to incomplete required documentation will not be eligible for a refund, credit, transfer or make-up session, subject to applicable law.

Required forms should be completed a minimum of 24 hours prior to attendance unless otherwise agreed by The Heart Folk.


10. Photography, Filming & Media Consent

The Heart Folk values capturing meaningful moments from our experiences while respecting the privacy, consent and preferences of participating families.

Photographs and videos may be captured during offerings for:
·       community sharing;
·       marketing;
·       website content;
·       social media;
·       educational purposes; and
·       promotional purposes.

Separate media consent preferences may be collected during enrolment. Parents/Guardians may withdraw consent for future use of identifiable imagery by written request.

The Heart Folk will use identifiable photographs and video of participants in accordance with the media permissions provided by their Parent/Guardian.

Parents/Guardians and other attendees must also respect the photography and media preferences of all participating families.

Photography or filming by Parents/Guardians should be limited to their own child unless permission has been obtained from the Parent/Guardian of every other identifiable child included.

Where another child is incidentally captured, families must not publicly post, publish, distribute or otherwise share identifiable imagery or footage of that child without appropriate permission.

Photos and videos shared within private The Heart Folk family groups, including WhatsApp groups, are provided for the private enjoyment and connection of participating families. They must not be publicly shared or used for promotional, commercial or other public purposes where other identifiable children are included unless appropriate permission has been obtained.

The Heart Folk may request that photography or filming cease where it affects participant privacy, safety, program delivery or the experience of the group.

Parents/Guardians remain responsible for ensuring their own photography, filming and sharing complies with these requirements.


11. Privacy & Personal Information

The Heart Folk respects your privacy.

Personal information collected through bookings, forms, waivers, payments and communications is used for:
·       enrolment administration;
·       participant safety;
·       communication;
·       operational purposes; and
·       legal obligations.

We take reasonable steps to securely store personal information and do not intentionally sell personal information to third parties.


12. Intellectual Property

All content created by The Heart Folk including:
·       program structures;
·       operational activites, locations and information;
·       educational materials;
·       digital resources;
·       written content;
·       branding;
·       graphics;
·       downloads;
·       curriculum concepts;
·       photography;
·       media; and
·       Curious Class integrated program
remains the intellectual property of The Heart Folk unless otherwise stated.

Resources purchased or provided are for personal use only and may not be reproduced, redistributed, resold or shared commercially without written permission.


13. Limitation of Liability

To the fullest extent permitted by law, The Heart Folk is not liable for:
·       loss or damage to personal belongings;
·       injuries arising from ordinary outdoor participation risks;
·       cancellations due to circumstances outside reasonable control; or
·       actions of third-party venues or providers.

Nothing within these Terms excludes, restricts or modifies rights that cannot legally be excluded, restricted or modified under Australian Consumer Law or other applicable law.


14. Communication & Family Responsibilities

Parents/Guardians are responsible for:
·       monitoring email and relevant program communications;
·       completing all required forms, Intake Information, Waivers and Consents a minimum of 24 hours prior to attendance unless otherwise agreed;
·       providing accurate and current contact information;
·       communicating absences or relevant changes promptly;
·       keeping medical, behavioural, emotional, developmental, safety and support information current;
·       remaining contactable during drop-off programs and arranging prompt collection where requested; and
·       making payments when due.

Failure to complete required forms prior to attendance may result in the participant being unable to attend in accordance with Section 9 of these Terms.


15. Digital Products & Website Use

Digital resources, downloads, educational materials and website content are provided for personal, non-commercial use only unless otherwise agreed.

Users may not:
·       copy;
·       redistribute;
·       reproduce;
·       resell; or
·       commercially use

The Heart Folk content without written permission.


16. Governing Law

These Terms are governed by the laws of Queensland, Australia.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified.


17. Contact

For questions regarding these Terms or our offerings, please contact: theheartfolk@gmail.com
www.theheartfolk.com

All our wild love,
The Heart Folk.

 

 


THE HEART FOLK STORE — POLICIES

Shipping Policy

All products are carefully packaged and shipped from Australia with complimentary wrapping and you in our hearts.

Where possible, shipping for multiple purchases may be combined.

Australia Shipping

·       Free local pick-up is available from Palm Beach, QLD 4221.

·       Standard Shipping: Flat rate $15 AUD

·       Express Shipping: Flat rate $20 AUD

·       Untracked Envelope Shipping: $10 AUD (for eligible items up to 170g and A4 size)

International Shipping

·       Not currently offered.

Please note:

·       low-cost untracked shipping options are selected at the customer's own risk once dispatched;

·       local pick-up orders are considered fulfilled once placed in the nominated collection location or letterbox for collection;

·       tracking is strongly recommended where available.

Dispatch & Fulfilment Timeframes

Please allow: 1–5 business days for fulfilment of in-stock items;
up to 1–2 weeks during busy periods, preorder fulfilment, launches or seasonal collections.

You will receive tracking details where applicable once your order has been dispatched.


Returns, Refunds & Exchanges

Please choose carefully, as all sales are generally considered final.

Due to the nature of our small business, handmade items, limited collections, digital resources and made-to-order products, we do not currently offer refunds, returns or exchanges for: change of mind; incorrect selection; delayed delivery outside our control; or digital downloads or accessed resources.

However, if your order arrives damaged or faulty, please contact us within 7 days of delivery with: your order number; photographs of the item; and a description of the issue.

Where required under Australian Consumer Law, we will provide an appropriate remedy.


Order Changes & Cancellations

Orders may only be changed or cancelled if: they have not yet been dispatched; production or printing has not yet commenced; and the request is reasonable and operationally possible.

Once an order has entered fulfilment, production, printing or dispatch, changes and cancellations may no longer be possible.


Delivery Timeframes

Please note that shipping and postal delays may occur and are outside of our control.
Express shipping is recommended for time-sensitive orders.
Estimated delivery timeframes after dispatch:

Australia

Express: 1–3 business days once processed and sent
Standard: 4–10 business days once processed and sent

Please note: delivery estimates are provided by postal carriers only and are not guaranteed; fulfilment and dispatch timeframes are separate from shipping timeframes.


Delivery Issues

Please ensure your shipping address is entered correctly at checkout.
Address changes may only be accommodated before dispatch.

Once an order has been handed to the shipping provider, The Heart Folk is unable to make changes or take responsibility for postal delays, theft, loss, customs delays or delivery issues outside our control, subject to applicable consumer law.

Customers are responsible for: monitoring tracking updates; contacting the postal provider where necessary; and ensuring parcels can be safely received.


Returned to Sender Parcels

If a parcel is returned to us due to: incorrect address details; failure to collect the parcel; failure to arrange redelivery; or refusal of delivery, the customer will be responsible for any reshipping costs.

If a returned parcel is not reshipped within 30 days of return to us, the order may be considered abandoned and a refund or replacement may not be available, subject to applicable consumer law.


Digital Products & Downloads

All digital resources, PDFs, templates, educational materials and downloads are intended for personal use only unless otherwise stated.

Digital products may not be: copied; redistributed; resold; shared publicly; or commercially reproduced without written permission from The Heart Folk.

Due to the nature of digital products, digital purchases are generally non-refundable once accessed or downloaded, except where a refund or other remedy is required by Australian Consumer Law.


Contact

For any questions regarding your order, please contact: theheartfolk@gmail.com
 www.theheartfolk.com

All our wild love,
The Heart Folk.